NY State Closing the Double-Jeapardy Loophole

[Black Aeronaut]

https://www.nydailynews.com/news/politic...story.html

Good on them.  Trump's cronies can scream all they like, but this is exactly the sort of "taking back state's rights" that conservatives claim to campaign for.

[Rajvik]

This is going to interesting when it comes back around and bites a democrat in the ass, isn't it.

Let me point out that the federal case supersedes the state jurisdiction, therefore if a person has been charged federally for a crime the state is NOT ALLOWED to come back for a second bite, pardon or no. When this reaches the Supreme Court New York is gonna get spanked HARD.

[robkelk]

The Yale Law Journal has an intriguing (and technical) article about this very matter:
Can New York Publish President Trump’s State Tax Returns?

Trump said during a Republican primary debate: “I will absolutely give my returns, but I’m being audited now for two or three years, so I can’t do it until the audit is finished, obviously.” Yet President Nixon disclosed his tax returns while under audit, and there is no rule against doing so.

Trump’s New York State tax returns will not contain all of the information that might be found in his federal filings, but they contain much of it. Most significantly, they will reveal the income that he reports from all sources, the deductions that he claims, and the amounts he has paid to New York State and New York City. Disclosure of those returns will reveal whether Trump has been contributing to the cost of state and local services enjoyed by himself, his family, and his businesses.

The proposal for disclosure of the President’s state tax returns is distinct from the suggestion that states pass laws requiring presidential candidates to release their federal returns as a condition for appearing on those states’ 2020 ballots. The proposals are not mutually exclusive, but disclosure of the President’s state tax returns has important advantages over the ballot access approach. First, disclosure of the President’s state tax returns could occur immediately, whereas a ballot access law would not require Trump to disclose his returns until 2020. Second, some of the states that might plausibly pass a ballot access law are states that President Trump lost by a landslide in 2016 and stands little chance of winning in 2020. President Trump might decide to keep his name off of those states’ ballots rather than disclosing his returns. A state tax return disclosure law, by contrast, could be passed by President Trump’s home state of New York and would be effective regardless of where he decides to compete in 2020.

(An obvious reference to the bill in New Jersey.)

I conclude that on the best reading of existing precedents and statutes, federal law does not prevent New York from enacting state tax transparency legislation along the lines of the proposed bill.

[Rajvik]

Rob, this has nothing to do with taxes, what this is is New York saying that if a president gives someone a pardon for anything, and they deem that it is because of a close personal relationship, that they then get to prosecute said person if the crime occurred in their jurisdiction

[robkelk]

Ah - we're talking about something that was settled a long time ago.

Case law mentioned in that Wikipedia article:

• Fox v. State of Ohio
  
• United States v. Cruikshank
  
• United States v. Lanza
  
• Heath v. Alabama
  
• Petite v. United States
  

I fail to see the issue here.

[Rajvik]

Alright, I stand corrected on the legal matter, however, this has not faced a presidential pardon which is supposed to supersede any and all convictions for the named charge, what New York appears to be doing is going in for Malicious Prosecution which at least in Florida can have the whole damn case thrown out of court.

[Matrix Dragon]

That noise you're hearing is several of the orange molesters minions buttholes clenching up in anticipation of the fuckening hopefully coming their way in the near future.

[robkelk]

Alright, I stand corrected on the legal matter, however, this has not faced a presidential pardon which is supposed to supersede any and all convictions for the named charge, what New York appears to be doing is going in for Malicious Prosecution which at least in Florida can have the whole damn case thrown out of court.

Again, the dual sovereignty doctrine applies... I think. The federal executive can pardon for federal crimes, but can the federal executive pardon for non-federal crimes? Somebody needs to look up some case law here.

[RMH999]

https://www.heritage.org/constitution/#!...rdon-power

https://litigation.findlaw.com/legal-sys...imits.html

The understanding is that as the Constitution specifically says "Offenses against the United State," Presidential Pardons apply only to Federal Crimes. The President can't pardon state crimes.

[Matrix Dragon]

HERE COMES THE FUCKENING!

[classicdrogn]

I'd prefer an unfuckening as a rule, as an actual functioning government no matter who is in charge would be an improvement over the last two or three sessions of Congress/Presidencies.. Failing that, enfuckening the people I don't like is at least an amusing pastime while metaphorical Rome burns around us.

[robkelk]

At least Rome recognized the importance of bread and circuses. All you're getting from the current crop of politicians is the circus.