Even IF Bannon is pardoned by Trump, New York State can still charge him

by Nali91

Community

(This content is not subject to review by Daily Kos staff prior to publication.)

Thursday, Aug. 20, 2020 Thursday, Aug. 20, 2020 at 8:44:29am PDT

I am reading a lot of messages about Trump probably giving Bannon a pardon. But I just found out on Twitter that mail fraud is a state crime AND THAT governor Cuomo’ signed a perfect, beautiful law in October 2019 [around the time the investigation into Bannon started] which will likely lead to Bannon ending up in prison. My sources are below.

Because folks are asking: SDNY is "the Southern [Federal] District of NY," which is Federal and therefore pardonable by Trump.

But as others have noted, fraud like this is ALSO a state crime. So if Trump did pardon Bannon it could be charged in NYS.
— emptywheel (@emptywheel) August 20, 2020

Note: Case out of SDNY. Investigation goes back at least to October. Involves numerous top Trump associates. Office Barr tried to take over a month ago. https://t.co/PnGZwXeQfD via @TPM
— Josh Marshall (@joshtpm) August 20, 2020

Steve Bannon might very well be going to prison.

‘Gov. Andrew M. Cuomo signed a law Wednesday that closes a “double jeopardy loophole,” allowing New York to pursue state charges against a U.S. president and his associates who are accused of federal crimes and receive a presidential pardon.

The law was sparked by President Donald Trump’s consideration of pardoning individuals who have been convicted of federal charges over the last three years, Democrats have said.

“The closure of this egregious loophole gives prosecutors the ability to stand up against any abuse of power and helps ensure that no politically motivated, self-serving action is sanctioned under law,” Cuomo, a Democrat, said in announcing his approval.’