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The New York legislature on Tuesday passed a bill that eliminates the flaw of "double jeopardy", allowing state authorities to prosecute those who obtain a pardon from the president. The vote was 90-52.
The state's biggest democrats presented the change as a way to stand up to President Trump by removing a shield that protected defendants from twice-prosecutions for similar crimes and that could have benefited pardons.
"At the present time, the threat of the President's use of the power of grace is very disturbing, this would be done to undermine an investigation to help friends and family members," NPR Senator Todd Kaminsky, former federal prosecutor and sponsor of the bill, told NPR.
The New York Senate passed its version of the bill earlier this month. Governor Andrew Cuomo has promised to sign it.
The legal concept against dual criminality states that prosecutors can not charge and convict a person for the same criminal act twice. But it intervenes only after the convening of a jury or when a defendant files a plea.
Under the change, if a person is granted a presidential pardon for a federal crime, the New York authorities will be allowed to file a complaint for the same behavior.
"Every day we wait gives the president the opportunity to undermine the rule of law without New York having the right to act," Kaminsky said.
Andy Goodell, a Republican MP, said the bill amounts to "nudging in the eye" for Trump.
On the floor of the assembly, Goodell said that after closing the double loophole, that is preventing federal prosecutors from suing the defendants who benefited from Governor Cuomo's grace at the state level?
"Is not it the opening of the Pandora's box?" Goodell said. "It's a two-way street."
For Trump's inner circle, it is important that the bill is not retroactive. The law would not apply to anyone who has ever been tried or pleaded – like former Trump campaign chairman Paul Manafort and Michael Cohen, Trump's former lawyer. They are already protected from prosecution for the same behavior. Both are currently serving federal prison sentences.
Trump has not forgiven any of his associates involved in the investigation of Russia, although he has considered the possibility.
Other people, however, have received graces from Trump, including Joe Arpaio, Trump's unconditional supporter and former sheriff of Arizona; Dinesh D'Souza, the conservative commentator; and Lewis "Scooter" Libby, former chief of staff of Vice President Dick Cheney.
The New York Democrats believe that the bill is a bulwark against what they view as the possibility of an abuse of executive power, whether on the part of Trump. or any American president.
"We never thought we would have to fear that a state would participate in the revision of presidential power," said Joseph Lentol, a member of the Democratic Assembly. "It has nothing to do with this president, it has to do with the presidential power, point at the line."
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