New York Daily News

Trump pardons wouldn’t hold much weight in New York State

- Denis Slattery

ALBANY — A New York lawmaker is offering a little advice to President Trump and gently reminding him that his former home state recently weakened his pardon power.

Sen. Todd Kaminsky (D-Nassau) sent a letter to the commander-in-chief on Friday detailing a law passed last year that closed a legal loophole and allows the state to pursue charges against people who have received presidenti­al pardons, which only apply to federal crimes.

Speculatio­n has swirled in recent days that Trump is preparing to issue a host of pardons and may be considerin­g pre-emptive pardons for sons Eric and Don Jr. and allies such as former Mayor Rudy Giuliani.

That would do little to avert legal trouble in the Empire State, Kaminsky (photo) warned.

“I write to remind you that your pardon power only extends to federal offenses, and your friends and family could still face state prosecutio­n if they committed crimes in New York,” Kaminsky, a former state and federal prosecutor, writes.

The Long Island Democrat was the main sponsor of a law enacted last year that ended a provision in state law prohibitin­g New York prosecutor­s from charging people with state crimes similar to the federal crimes for which they were pardoned.

Kaminsky specifical­ly notes in his missive to the president that Trump’s son Eric is currently the subject of an investigat­ion by N.Y. Attorney General Letitia James.

“If it is found that he has committed crimes in New York, then he can likely be punished for those crimes in state court even if you pardon him for similar federal wrongdoing­s,” he writes.

Trump has made a habit of pardoning and commuting sentences of friends and political supporters.

In July, Trump commuted the 40-month sentence of longtime ally and Republican operative Roger Stone, who was convicted of lying to Congress, obstructio­n and witness tampering. The charges were brought as part of former special counsel Robert Mueller’s probe into Russian interferen­ce in the 2016 election.

Last month, the president pardoned his former national security adviser Michael Flynn, who twice pleaded guilty to lying to the FBI.

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