Don’s pardon power curbed
ALBANY — President Trump’s pardons just lost some power.
Gov. Cuomo signed a measure Wednesday allowing prosecutors to pursue state charges against presidential associates who have received federal pardons.
The new law, passed by the Democratic-led Legislature in May, closes the state’s socalled “double jeopardy” loophole, thus preventing the president from using his pardoning power to shield friends or family members from criminal charges in the Empire State.
“No one is above the law, and New York will not turn a blind eye to criminality, no matter who seeks to protect them,” Cuomo (inset) said. “The closure of this egregious loophole gives prosecutors the ability to stand up against any abuse of power, and helps ensure that no politically motivated, self-serving action is sanctioned under law.”
Lawmakers encouraged Cuomo to sign the legislation last week as the complex web of legal troubles surrounding the president continued to grow.
The measure severely limits Trump’s ability to shield associates from state prosecution in New York — including former campaign chairman Paul Manafort, who was sentenced in March to more than seven years in prison federal financial crimes.
Trump has floated the idea of pardoning Manafort in the past. The longtime Trump associate and GOP operative is also facing mortgage fraud charges brought by the Manhattan district attorney’s office, which his lawyers have argued amount to double jeopardy in the wake of his federal convictions.
“With the President all but pledging to corruptly abuse his pardon power to allow friends and associates off the hook, it is crucial that we have closed the double jeopardy loophole and preserved the rule of law in New York,” bill sponsor Sen. Todd Kaminsky (D-Nassau) said after Cuomo signed the law.
Trump often boasts about his ability to pardon people convicted of federal crimes and has made a habit of letting political allies, including former Arizona Sheriff Joe Arpaio and conservative pundit Dinesh D’Souza, off the hook with little legal justification.
The narrow language of the new law allows prosecutors to pursue state charges against anyone who served in the executive branch, worked to advance a presidential campaign, or worked at a nonprofit or business controlled by a president. The pardoned person’s crimes also must have taken place in New York.
Democrats, in charge of both the state Senate and Assembly for the first time in nearly a decade, took several other steps this year specifically aimed at keeping Trump in check.
A separate bill signed by Cuomo in July requires New York’s tax commissioner to hand state tax returns over to Congress upon request.
State Attorney General Letitia James, whose office is spearheading a number of probes into Trump’s Big Apple-based businesses and charities, applauded the law limiting the president’s pardon power.
“No one is above the law, and this common-sense measure will provide a reasonable and necessary check on presidential power today and for all presidents to come,” she said.