General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI hope Professor Laurence Tribe's educated "hunch" is correct:
Link to tweet
My hunch: @AGSchneiderman is carrying the ball on hacking into NY computers and other serious crimes by Trumps inner circle the crimes Mueller has carefully avoided charging under applicable federal laws. Avoiding NYs Double Jeopardy trap while cutting off Ts pardon Power.
fleabiscuit
(4,542 posts)warrant by a state AG... but just can't quite get there. It totally warps my head thinking of what might happen.
Bernardo de La Paz
(49,002 posts)Wwcd
(6,288 posts)Like a cheshire cat
triron
(22,006 posts)NewJeffCT
(56,828 posts)I still remember him from when Dukakis was running for president in 1988 - if Dukakis had won, Tribe was supposedly in line to be nominated for SCOTUS. Would have been a great choice.
OneBro
(1,159 posts)calimary
(81,300 posts)Indeed Indeed Indeed! LOVING this! trump is accustomed to people just caving to his or Michael Cohen's in-yer-face bullying and blustering. In the private sector, when they're in the "little guy" category and he or his goon(s) can muscle in on them, this shit works. But he's up against WAY bigger and more serious stuff than ever before. Including people who can't be bullied.
unblock
(52,243 posts)Perhaps the same question, can't someone be charged for essentially the same act, once under state law and once under federal law?
I though normally it wasn't "double jeopardy" if it's in a different jurisdiction.
pnwmom
(108,980 posts)for the same crime.
PoliticAverse
(26,366 posts)But New York State law prohibits multiple prosecutions for the same crime (with some exceptions)...
https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-40-20.html
New York Consolidated Laws, Criminal Procedure Law - CPL § 40.20?Previous prosecution; ?when a bar to second prosecution
(a)?The offenses as defined have substantially different elements and the acts establishing one offense are in the main clearly distinguishable from those establishing the other; ?or
(b)?Each of the offenses as defined contains an element which is not an element of the other, and the statutory provisions defining such offenses are designed to prevent very different kinds of harm or evil; ?or
(c)?One of such offenses consists of criminal possession of contraband matter and the other offense is one involving the use of such contraband matter, other than a sale thereof; ?or
(d)?One of the offenses is assault or some other offense resulting in physical injury to a person, and the other offense is one of homicide based upon the death of such person from the same physical injury, and such death occurs after a prosecution for the assault or other non-homicide offense; ?or
(e)?Each offense involves death, injury, loss or other consequence to a different victim; ?or
(f)?One of the offenses consists of a violation of a statutory provision of another jurisdiction, which offense has been prosecuted in such other jurisdiction and has there been terminated by a court order expressly founded upon insufficiency of evidence to establish some element of such offense which is not an element of the other offense, defined by the laws of this state; ?or
(g)?The present prosecution is for a consummated result offense, as defined in subdivision three of section 20.10 , which occurred in this state and the offense was the result of a conspiracy, facilitation or solicitation prosecuted in another state.
(h)?One of such offenses is enterprise corruption in violation of section 460.20 of the penal law , racketeering in violation of federal law or any comparable offense pursuant to the law of another state and a separate or subsequent prosecution is not barred by section 40.50 of this article.
(i)?One of the offenses consists of a violation of 18 U.S.C. 371 , where the object of the conspiracy is to attempt in any manner to evade or defeat any federal income tax or the payment thereof, or a violation of 26 U.S.C. 7201 , 26 U.S.C. 7202 , 26 U.S.C. 7203 , 26 U.S.C. 7204 , 26 U.S.C. 7205 , 26 U.S.C. 7206 or 26 U.S.C. 7212(A) , where the purpose is to evade or defeat any federal income tax or the payment thereof, and the other offense is committed for the purpose of evading or defeating any New York state or New York city income taxes and is defined in article one hundred fifty-five of the penal law, article one hundred seventy of the penal law, article one hundred seventy-five of the penal law, article thirty-seven of the tax law or chapter forty of title eleven of the administrative code of the city of New York.
Bernardo de La Paz
(49,002 posts)pnwmom
(108,980 posts)InAbLuEsTaTe
(24,122 posts)Cha
(297,275 posts)out!
To all the brilliant lawyers in the world for Good!
Mahalo, pnwmom
joshcryer
(62,276 posts)That is, he could (and would) just ignore any warrant for his arrest, never went to New York again, and if anyone tried to take him in, the SS would protect him.
Gothmog
(145,291 posts)Mueller is beingcareful here
pnwmom
(108,980 posts)by letting Schneiderman prosecute different crimes.
And there ARE so many to choose from . . . .
malaise
(269,024 posts)Lock him up!