Senator Kaminsky Pushes for Double Jeopardy Loophole Closure

Madina Toure by Observer

Public Advocate Letitia James, a New York Attorney General candidate widely perceived as the frontrunner in the race, has announced her support for legislation that would permit prosecutors to bring state charges against individuals who have received a presidential pardon—a sign that efforts to get around President Donald Trump’s pardon power are gaining more support.

In April, state Senator Todd Kaminsky (D-Nassau County) and state Assemblyman Joseph Lentol (D-Brooklyn) introduced the legislation after disgraced former Attorney General Eric Schneiderman wrote a letter to Gov. Andrew Cuomo and state lawmakers requesting they they close the loophole.

The double jeopardy clause states that an individual cannot be tried for the same crime twice. If individuals receives pardons for crimes at the federal level, they cannot be tried at the state level.

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