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By Allan Smith
Lawmakers in the state of New York on Tuesday passed a measure allowing prosecutors to sue some individuals even though they have benefited from a presidential pardon, which is perceived as a direct attack against President Donald Trump.
The New York State Assembly passed the measure – which creates a narrow exception in the state's dual criminality law – by a vote of 90 to 52. The law New York currently prohibits the state from prosecuting a person already tried for the same crime by the federal government. The bill would help prosecutors in certain circumstances to prosecute a person against a person who has benefited from a presidential pardon for his federal conviction.
This exception would allow state prosecutors to open or open investigations of any forgiven person who would have served in the president's administration, worked directly or indirectly to advance their campaign or transition, or worked for a business in Canada. nonprofit or controlled by the president and whose activity took place in the state of New York. The exception also allows to open or continue investigations on anyone who has been pardoned for the benefit of the president.
Trump's activities and campaign are both based in New York.
New York Attorney General Letitia James, who is investigating Trump and members of his family, and Democratic Governor Andrew Cuomo, who has announced his intention to sign the bill, have endorsed this amendment. . Prosecutors and lawmakers supporting the bill said the measure was necessary to ensure that investigations of the president, his collaborators and his state-level activities are not deformed by grace.
James, who led the charge to change the double jeopardy law, tweeted Shortly after the adoption of the bill, this dual criminalization "exists to prevent someone from being charged twice for the same crime, and not to allow him to completely evade justice." .
"The rule of law is one of the pillars of our country's democracy and my main role is to defend it and to ensure that no one overcomes it," she added.
James opened numerous Trump-related investigations, including the Trump Foundation investigation that led to the dissolution of the president's charity and an investigation involving James subpoenaing Duetsche Bank and Investors Bank to obtain information on a set of major Trump Organization projects. and Trump's efforts to buy the NFL Buffalo Bills in 2014.
"We will use every area of law to investigate President Trump and his business transactions as well as those of his family," James told NBC News in an interview for the month of December.
Special advocate Robert Mueller, in his over 400-page report on Russia's interference in the 2016 presidential election, mentions the presidential pardon 64 times, revealed the Washington Post. Mueller's report examines Trump's comments on the possible forgiveness of former campaign president, Paul Manafort, former attorney Michael Cohen and former National Security Advisor, Michael Flynn.
Joseph Lentol, a Democratic MP who sponsored the bill, said the bill "will confront any president, not just this one," who believes "to be able to eliminate illegal behavior."
Before the vote, Republican MP Andy Goodell questioned the constitutionality of the legislation.
"Today, we are being asked to reverse nearly 100 years of New York State history, where we have recognized the fundamental injustice of dual criminality," said M Goodell, adding that lawmakers were invited to set aside the "concept of equity". equity not because we are facing a real situation, but on a hypothetical situation ".
The Senate and the State Assembly are under democratic control. Since the bill was passed by the state Senate earlier this month, it must be approved by the Cuomo office.
Democratic Senator Todd Kaminsky, a senator who sponsored the bill and former federal prosecutor, said in a statement that the bill was passed Tuesday by the Assembly according to which the legislative effort was "crucial" "to defend the judicial system.
"The President pledging to corruptly abuse his power of grace to allow his friends and associates to get out of the deal, it is crucial for us to bridge this double loophole and preserve the rule of law in New York, "said Kaminsky.
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