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bluestarone

(16,872 posts)
Sat Jun 16, 2018, 09:22 AM Jun 2018

Does anyone here know if Manafort has any state charges filed on him?

Just in case RUMP pardons the federal charges.I'm thinking once he gets pardoned we will never see him again! I'm hoping he has to answer to some state charges BEFORE he's released! Anybody??

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Does anyone here know if Manafort has any state charges filed on him? (Original Post) bluestarone Jun 2018 OP
If they're in New York, it won't matter unless the NY legislature rescinds their catbyte Jun 2018 #1
Great article TY bluestarone Jun 2018 #2

catbyte

(34,341 posts)
1. If they're in New York, it won't matter unless the NY legislature rescinds their
Sat Jun 16, 2018, 09:56 AM
Jun 2018

stupid "double jeopardy" rule. Currently, if a president pardons somebody for a federal crime, the state won't prosecute them. People are trying to get it rescinded, but so far it's going nowhere.

New York’s Double-Jeopardy Loophole

New York state has long functioned as the ace up the sleeve of President Trump’s critics.

The reasoning goes like this: Trump could attempt to pardon people implicated in the Russia probe, whether Michael Cohen, Paul Manafort, or someone else, thus preventing a trial or perhaps insulating himself from legal ramifications. The vast discretion affording the chief executive in the pardon power would allow the president to short-circuit accountability. However, the pardon power only applies to federal laws, so another jurisdiction could haul figures like Cohen and Manafort, or even potentially Trump himself, into state court. Practically speaking, that would probably happen in New York, the president’s home. The state has more robust financial-crime laws than most, because of the presence of the banking industry, and in Attorney General Eric Schneiderman it has a prosecutor who clearly relishes going after Trump.

The problem, as Fordham Law Professor Jed Shugerman laid out in Slate Tuesday, is that it simply might not work. Foundational to the U.S. legal system is the prohibition on double jeopardy, which prevents a defendant from being tried twice for the same crime. State and federal court systems are separate, but many states, including New York, have recognized that a defendant who has been tried once in federal court should not be hauled into state court for the same act. (The U.S. Department of Justice also has a policy against it.)

He acknowledges the importance of protections, but writes that “recent reports indicate that the President may be considering issuing pardons that may impede criminal investigations.” He continues, “New York’s statutory protections could result in the unintended and unjust consequence of insulating someone pardoned for serious federal crimes from subsequent prosecution for state crimes—even if that person was never tried or convicted in federal court, and never served a single day in federal prison.”

.........snip

https://www.theatlantic.com/politics/archive/2018/04/schneiderman-double-jeopardy/558389/

bluestarone

(16,872 posts)
2. Great article TY
Sat Jun 16, 2018, 10:09 AM
Jun 2018

It's mind boggling how these laws are protecting this asshole!! With the supreme court the way it is makes me think RUMP and his cronies have there bases covered!! Our own legal system is eating us up!! RUSSIA had this very well planned.

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