ALBANY (WCBS 880) — Gov. Andrew Cuomo on Wednesday signed a law that eliminates legal hurdles which could have prevented New York from prosecuting people pardoned by the president for federal crimes.
The law revises exceptions to New York State’s double jeopardy law and closes a legal loophole that could have allowed someone to be pardoned by the president and argue they can’t be charged at the state level.
“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 said before signing the legislation.
Local Democrats say the change will ensure New York’s ongoing investigations into President Donald Trump’s associates cannot be derailed by the White House.
GOP leaders have decried the law as a partisan attack, but lawmakers note the rule will apply to all presidents, Democratic or Republican.
“We have a responsibility to ensure that individuals who commit crimes under New York state law are held accountable for those crimes," said Attorney General Letitia James in a statement. “This critical new law closes a gaping loophole that could have allowed any president to abuse the presidential pardon power by unfairly granting a pardon to a family member or close associate and possibly allow that individual to evade justice altogether.”
The law passed through the state Senate and Assembly earlier this year amid speculation that President Trump was planning to pardon former campaign chairman Paul Manafort and former lawyer Michael Cohen – both have been convicted of federal crimes.
Manafort is currently await trial on a New York state mortgage fraud charge that closely relates to part of his federal case.