Huh? What’s the point of the 10th amendment if a state cannot enforce their own laws. Hasn’t a Presidential pardon always been a fed issue?
A state can enforce its own laws. But NY is going further than enforcing its own laws.
NY Democrats want to use them to persecute their political enemies.
What is the point of our entire legal system if the States are allowed to place defendants in double jeopardy for politicized "crimes" which have already been settled at the Federal level?
Pick one venue or another and stick with it.
I stand corrected. Thank you.
Because a State cannot impose a law that is contrary to Federal Law.
But these Democrat Fascist wanna bees cannot be bothered with little things like the rule of law or the US Constitution.
> “What’s the point of the 10th amendment if a state cannot enforce their own laws. Hasn’t a Presidential pardon always been a fed issue?”
The 10th Amendment is reserved to the States what is not the domain of the federal government.
Law at the federal level is the supreme law of the land. it takes precedence over lower courts including state court rulings and laws from state legislatures.
A federal law can be challenged but in this case a Presidential Pardon is firmly rooted in the US Constitution.
In this case, the focus is on Manafort and his alleged fraud under state mortgage statutes. It is frivolous because it rests on information he omitted on a mortgage application (applied many. many years before Donald Trump ever announced his candidacy) having to do with debts and assets. He was charged with banking fraud under federal statutes and was convicted under facts that the State of NY now wants to use to hang him on.
So why are Cuomo and the Democrats setting this up? It’s to send a message to Manafort that they will get him if he gets pardoned. They want him to turn and give false statements on the President:
From the American Banker (https://www.americanbanker.com/articles/paul-manafort-pleads-not-guilty-to-pardon-proof-new-york-charges?tag=0000015a-754a-d533-a9db-fd6bf7130000)
“Manafort was prosecuted in two related cases by Mueller’s team. One involved a secret-influence campaign in the U.S. on behalf of the then-Ukrainian government; the other was for bank and tax fraud over his efforts to hide tens of millions of dollars in income in offshore bank accounts.”
Cuomo and his Democrats (probably with Biden’s urging) want Manafort to tell lies about the President regarding Ukraine. They should be challenged by DOJ attorneys but it’s unclear if that will happen unless and until NY State Prosecutors go after Manafort.
In general, if the federal statute overlaps or contains a NY state statute, then NY is out of bounds. If the state mortgage fraud charge is for violations separate and distinct from federal statutes, then the state may have a case. But not here.
The Hill, a group of press leeches of dubious repute, quotes NBC which appears to write things like a 3rd grader:
HILL: “The measure was passed to prevent President Trump’s ex-aides who are facing prison time or potential sentencing from receiving pardons and avoiding criminal punishment, NBC News reported.”
FALSE. This measure may be very limited if not illegal outright. It will NOT prevent presidential pardons and clemency.
HILL: “Manafort is serving in a federal prison after being convicted on bank fraud, tax evasion and conspiracy charges. The Manhattan District Attorney’s Office has also indicted him on state mortgage fraud charges.”
The Hill does not even bother to expound on any distinctions between the federal charges and the state charges which stem from the same mortgage application from many. many years ago and were only brought up under Mueller’s witch hunt.
HILL: “It ends the “double jeopardy loophole,” which prevents people from being prosecuted for crimes the federal government has already tried them for, according to NBC News. Under the legislation, state prosecutors can charge defendants who worked in the president’s administration, campaign, nonprofit or businesses — including those pardoned by the president — if the alleged crimes occurred in New York.”
NONSENSE. It does not end the double jeopardy principle (not “loophole”). NY State prosecutors can charge anything they want, it doesn’t mean anything will stick and it doesn’t mean the prosecutors won’t face disciplinary action for wasting a court’s time and for violating rights.
HILL: “Presidents are only able to pardon people for federal crimes, not state crimes, NBC News noted.”
FALSE. Most state crimes fall under similar federal statutes. For example, a federal statute may describe a statute of limitations on a legal claim. A state may also describe a statute of limitations on the SAME legal claim but it can not exceed the federal statute.
If a pardon is made or a ruling is vacated at the federal level, a state is not allowed to file charges against the same set of facts that were tried in the federal case. Federal courts are the higher courts, their rulings and actions are supreme over state actions revolving around the same issues and facts.
For example, if a trucker were to be charged with a federal violation of failing to report cross border transport of certain chemicals and is pardoned because of circumstances under federal law not taken into account, a state could press charges if the chemicals were not reported at the state level if a state statute existed to require that report. However, if the state relied on the federal report, then a case against the trucker could be thrown out if the trucker had already been convicted, acquitted, or pardoned.
In general, if a state law is separate and distinct from a federal law, then the statement is true because the case would be tried under a different set of facts, the case would not be violating the double jeopardy principle because it is a de facto different case. But in this context, there would be no need for separate legislation. In fact, this is such a well-developed long established set of law that this legislation appears to be nothing more than posturing and wasting NY state taxpayer’s money. As noted above, it is nothing more than political intimidation of Manafort to pressure him to crack and lie about Donald Trump.
“Wake up. The country was taken over decades ago. We haven’t been free in a long time.”
Tenth amendment? Why are you arguing this? That’s so originality and passé especially since the country was taken over.