NY Bill Aims To Rein In Presidential Pardons [POLL]

Presidential pardons are spelled out in the Constitution. Article II, Section 2 says the president "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." It's pretty clear to most legal scholars that the president has nearly limitless power to pardon those facing or convicted of a federal crime.

An 1866 case before the Supreme Court clarified presidential pardon power — President Andrew Johnson wanted to pardon a former Confederate soldier and that decision was challenged — by saying the power "extends to every offence [sic], and is intended to relieve the party who may have committed it or who may be charged with its commission from all the punishments of every description that the law, at the time of the pardon, imposes," caselaw.findlaw.com said.

So what is the state of New York trying to do with legislation passed by both the Senate and the Assembly that allows the state to prosecute people pardoned for federal crimes?

The law, which is waiting for the signature of Gov. Andrew Cuomo, who supports the legislation, is aimed at chipping away at President Donald Trump's ability to shield his associates from being tried at the state level.

The bill allows state-level prosecution of anyone employed by or who served in the executive branch, who served in a Senate-confirmed job or who worked in a presidential campaign or transition, CNN.com said. It would also include presidential relatives.

New York Attorney General Letitia James said the law would eliminate a loophole to the state's "double jeopardy" law, meaning that one cannot be prosecuted twice for the same crime.

James, who is a Democrat, said that presidential pardons should not be used as a "get-out-of-jail-free card," Time.com said.

While Democrats said the bill isn't targeting one particular president, Assemblyman Andy Goodell, a Republican from Jamestown, countered that the majority part is just expressing a political statement about the current president.

Among the president's associates who are facing criminal penalties or currently serving sentences are former campaign manager Paul Manafort, former national security advisor Michael Flynn, Manafort business partner Rick Gates and former foreign policy adviser George Papadopoulos, who already completed his stint in prison.

Nassau Democratic Sen. Todd Kaminsky explained that the bill would cover pardons that are clearly conflicts of interest.

He said that the state will join about 24 others whose laws say that a presidential pardon cannot keep them from pursuing crimes that happen within their borders, nydailynews.com said.

Now it's your turn to weigh in on the issue. Vote in our unscientific poll and tell us what you think in the comments.