In Defying the Odds, we discuss Trump's record of scandal. The update -- just published --includes a chapter on the 2018 midterms.
Going to say it again: though it got little attention outside of New York State, the Democratic takeover of the state senate is a very big national deal. There was no chance that the double-jeopardy bill would pass as long as Republicans held control of the chamber.
The federal government is barred from trying somebody twice for the same crime. But New York’s statute takes this further than is constitutionally necessary by saying state prosecutors can’t charge someone who has received a federal pardon with a related state crime.
New Attorney General Tish James made closing the so-called double jeopardy loophole a regular talking point on the campaign trail. She has been pressing lawmakers on the issue in recent weeks.
“I think we’re getting close,” said state Sen. Todd Kaminsky (D-Nassau), the bill’s sponsor and a former federal prosecutor. He said that James and the Assembly “are working out some language. ... It’s clear the bill is a priority, it’s something I’m confident we’re going to move this session, and we just want to do it so it’s not too over-broad.”
The legislation was initially proposed by former Attorney General Eric Schneiderman. While his career ended in disgrace mere weeks after the bill was introduced, the idea has continued to receive attention as the number of people with ties to the president who have been indicted — including several for crimes allegedly committed in New York — continues to tick up. Just two weeks ago, reports surfaced that Manhattan District Attorney Cy Vance Jr. has begun to draf tstate charges against former Trump campaign manager Paul Manafort, but it could face a hurdle in the form of the current state law.