New York legislature sends bill allowing state charges despite presidential pardon to governor's desk

Source: The Hill | May 21, 2019 | Rachel Frazin

The New York State Assembly on Tuesday passed a bill to allow prosecutors to pursue state charges in some instances in which a person has received a presidential pardon.

The bill, which was passed by the state Senate earlier this month, now heads to Democratic Gov. Andrew Cuomo’s desk. According to NPR, Cuomo has pledged to sign the bill.

The public radio station reported that the State Assembly voted 90-52 in favor of the bill.

The office of State Sen. Todd Kaminsky (D), who sponsored the bill in the State Senate, said in a statement that the legislation would “ensure that Trump associates can be prosecuted in New York, even if presidentially pardoned.”

The bill was created to close a “double jeopardy” loophole in the state’s legislation that makes it harder to prosecute someone who has received a pardon.

Kaminsky, a former federal corruption prosecutor, took aim at President Trump in a statement lauding the bill.

“With the President all but pledging to corruptly abuse his pardon power to allow friends and associates off the hook, it is crucial for us to close the Double Jeopardy loophole and preserve the rule of law in New York,” he said.

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