New York Senate advances bill to allow state charges despite presidential pardon

Rachel Frazin for The Hill

May 08, 2019

Originally published in The Hill on May 08, 2019.

The New York Senate on Wednesday passed a bill that would allow state prosecutors to pursue charges in some instances in which a person received a presidential pardon. 

Under the legislation, "a prosecution is not considered to have occurred if a person has been granted a reprieve, pardon, or other form of clemency for the offense by the President," and other conditions are met. 

"The rule of law matters & the pardon power should not be perverted to undermine it," tweeted state Sen. Todd Kaminsky (D), who introduced the bill. 

According to The Associated Press, the bill was created to get rid of a loophole that would make it more difficult to prosecute someone who had received a pardon. The state Assembly has not scheduled a vote on the measure, according to the news service. 

The Hill has reached out to the White House for comment. 

The state Senate on Wednesday also passed a bill that would allow New York to release President Trump's state tax returns upon congressional request. Lawmakers announced the votes in a press conference earlier Wednesday.