NY Law Allows Charges Against Presidential Pardon Recipients

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Gov. Andrew Cuomo signed legislation Wednesday morning that will let New York prosecutors bring charges against individuals who have received presidential pardons for related crimes, Politico reports.

The bill was explicitly written to address fears that President Donald Trump might use his pardon power to interfere with criminal investigations. The federal Supreme Court has found that the constitutional prohibition on double jeopardy does not apply to the states. It does not bar state prosecutors from bringing charges against individuals who have already been tried on similar federal crimes. However, New York’s existing law included additional safeguards that prohibited these second trials. The bill was authored by then-Attorney General Eric Schneiderman last year after the FBI raided the house of former Trump attorney Michael Cohen, one of many presidential associates who have done business in New York. Current Attorney General Tish James made it a campaign priority and helped push it through the Legislature earlier this year.

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