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New York Senate starts discussing legislation regarding what critics have called the "double-jeopardy loophole," preventing strategic presidential pardons from scuttling state prosecutions.
Video: nysenate.gov
Video: nysenate.gov
GOP Senator Andrew Lanza addressing the state Senate now in opposing that, describing the principle of double-jeopardy: "You can’t prosecute a person twice or three times or four times for the same offense."
Unsurprisingly, the separate sovereigns doctrine is not part of his current address.
Some background on this issue from February, @CourthouseNews: courthousenews.com/wary-of-manafo…
Some background on this issue from February, @CourthouseNews: courthousenews.com/wary-of-manafo…
Lanza thunders: "Please let my children to grow up in a place that protects them against government oppression. That’s why we in the state legislature should leave them there."
Sen. Gianaris deflates it: My question is what any of his comments have to do with the bill?
Sen. Gianaris deflates it: My question is what any of his comments have to do with the bill?
Gianaris says Lanza's muddying the waters. The bill has nothing to do with retrying those who have been acquitted. It pertains to presidential pardons.
N.Y. Senate GOP hammers home message that the bill is politically motivated.
Senator Michael Ranzenhofer cites NYCLU's opposition on this, acknowledging that he's rarely on the site of the civil liberties organization.
NYCLU's statement on it: nyclu.org/en/legislation…
Senator Michael Ranzenhofer cites NYCLU's opposition on this, acknowledging that he's rarely on the site of the civil liberties organization.
NYCLU's statement on it: nyclu.org/en/legislation…
Senator Todd Kaminsky, who brought the bill, gives a history lesson on the separate sovereigns doctrine: That the Supreme Court has long established that different jurisdictions, e.g. state and federal, can prosecute similar conduct.
Ridiculing the notion that the bill tears the fabric of the Constitution asunder, Kaminsky notes that SCOTUS's finding in United States v. Lanza established that doctrine.
This bill addresses the "corrupt use of the presidential pardon," he says.
This bill addresses the "corrupt use of the presidential pardon," he says.
Kaminsky notes that the GOP's sudden interest in the NYCLU's memos is unusual.
Lanza joked about the SCOTUS precedent in U.S. v. Lanza: "It only shows that they've been beating up on the Lanzas for a long time."
Senator Liz Krueger remarks: "From listening to a couple of my colleagues, they possibly don’t understand how limited this is."
She says that it's tailored to president's abusing pardon power to "protect themselves, their family and people who’ve worked for them."
She says that it's tailored to president's abusing pardon power to "protect themselves, their family and people who’ve worked for them."
