Effort to Close Double Jeopardy 'Loophole' in NY Revived in New Session
State Sen. Todd Kaminsky, D-Nassau, is carrying a bill aimed at giving state law enforcement officers, including those in the office of new Attorney General Letitia James, the option to prosecute individuals who receive a presidential pardon before they are tried for federal crimes.
January 03, 2019 at 03:08 PM
6 minute read
The original version of this story was published on New York Law Journal
Legislation in New York to close the double jeopardy “loophole,” which bars state prosecutors from bringing similar charges against individuals pardoned of federal charges by the president of the United States, was reintroduced in the Legislature this week.
The bill is aimed at giving state law enforcement officers, including those in the office of new Attorney General Letitia James, the option to prosecute individuals who receive a presidential pardon before they are tried for federal crimes.
State Sen. Todd Kaminsky, D-Nassau, first introduced the bill during last year's legislative session and will carry it again in 2019. It was blocked last year in the Senate by Republicans, who largely labeled it as a political attack on President Donald Trump rather than a necessary change to the state's criminal procedure law.
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