NY lawmakers propose law to prevent Trump from avoiding prosecution

SNIP
New York lawmakers have proposed “No Citizen Is Above the Law” legislation that would make it harder for President Trump or any other future president to avoid state prosecution if accused of criminal wrongdoing.

The bill introduced by Sen. Michael Gianaris (D-Queens) and Assemblyman Nick Perry (D-Brooklyn) will “toll” the statute of limitations in order to bring a case — meaning freezing or stopping the clock on the limitations period until the president leaves office.

But Ed Cox, a Trump campaign official in New York, said such a law would be struck down as unconstitutional.

“It is aimed at one person — Donald Trump. You can’t do that,” said lawyer Cox, the Trump campaign’s New York co-fundraising chairman and former head of the state Republican Party.
ENDSNIP

https://nypost.com/2020/09/14/ny-lawmakers-propose-law-to-prevent-trump-from-avoiding-prosecution/

First, this is very logical and should pass easily in NY (and elsewhere if introduced). A President shouldn't be allowed to run out of the clock on state level criminal behavior. I heard about the "tolling" concept during the "Individual 1" days, and it makes perfect sense that statute of limitation clocks are paused when an individual cannot be prosecuted (in theory)

As to Mr. Cox's point, OF COURSE this is aimed at one person. The one person who has reason to be investigated for many state level crimes. That doesn't change the fact that they will word the bill to apply to all current and future presidents, making his attempted point moot..

Well, of course, any future presidents would also have to have lived or done "business" in New York, which is no lock going forward.

Expect a veritable Louisiana-level flood of bills from states and the next Congress to plug legal and ethical issues caused by President Doofus...

Do you think this will pass, is it Constitutional, and will it be required to charge Trump before his SOL's run out?

 

As much as I can't stand Trump and his methods, it is not right to make a law for one person, on that I agree. The law has to be applied for everyone equally.

 

Delete

 

Well, since federal law isn't applied equally, this needs to be put in place to account for that.

And this law will be applied to all presidents from NY in the future..

 

Sounds like a bill of attainder problem.

Also if Trump had never been elected President would this all be happening at all in New York?

 

Highly doubtful.... Trump and Cohen might still be buddies and NY might not know what they do now...

 

Then that one person should not have prosecutorial immunity.
The law isn’t being applied equally, that is why this law is necessary.

 

Doubtful because it is clearly a political persecution.

 

Like our system needs more power! I see why people would support this. Unfortunately, the beast they create will live long after Trump is gone. The left is changing the rules and doing everything they can to fight Trump. Everything but being a better choice!

 

For this I think they should chnage the limitations, or place a caveat, but not a new law. I understand your point, thanks.

 

This type of law should only worry the truly law breaking, so "the left" isn't remotely as worried as you are.

I do have to note that this response is likely DIRECTLY related to Trump's delay's in Trump vs Vance.. If Vance had his records last fall as requested, the SOL likely wouldn't remotely be in play...

 

That's a complicated issue. There are more laws on the books than you can read in a lifetime. The average American commits several crimes on a daily basis without knowing. The monster you want to create will be there long after Trump is gone. This move is about power, not justice.

 

NY lawmakers propose law to prevent Trump from avoiding prosecution
Those guys live in their own little La La Land bubble. Will their new law apply to Congress, State legislatures, and Governors, or is it just simply an unconstitutional bill of attainder?

 

How is Federal law not applied equally?

Not sure what law they are attempting to toll here....if they had evidence of a crime they need to actually present it...get Congress to impeach and indict the man.

This seems like more show boating because they actually ain't got nothing

 

Except, by preventing a prosecution of one person, the law is not applied equally.
It would be easy to draft a law generically so it tolls the limitation period for any person who, by operation of law, is protected from prosecution for a period of time. It might have been inspired by trump, but it will apply generally.

 

No - they should actually bring criminal charges and have trump defend.

 

Sure they could do that too....but they don't...because they got nothing

 

The pipe dream of prosecution of Trump lmao

 

In post #10 I addressed that concern, I understand the argument. Changing the status of limitations seems appropriate, but not a new law.

 

Fair enough. I agree that changing the statute of limitations is the easiest and most logical way to do this. Whatever happens, it must be the case that someone can't avoid prosecution by running out the clock in some way.

 

If this proposed law was enacted through the US Legislature, it might would be constitutional, but not through a state legislature. The state does not have the authority to arrest the President of the United States. Further, if this law was attempted to be passed in the Federal Legislature, then it would fail. Otherwise the next President of an opposition party would be subject of an arrest. No party would allow their President to stand trial in a state.

 

The DOJ doesn't think it is OK to investigate or charge a sitting president.

 

Sure they do....the President has been investigated

Obvoiusly, they can't indict a sitting President, but they investigate, recommend charges and then he/she is impeached, removed and charged.

 

No he hasn't. The only thing they kinda investigated / took notes on in the Mueller report was evidence of his obstruction of their investigation.

They explicitly said they avoided investigating him for anything else.

 

hahah no they investigated if he conspired with Russia as well......

but you know that...he was investiated for both...and was a sitting President.