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    You are at:Home»Faculty»A Supreme Court Case Could Liberate Trump to Pardon His Associates

    A Supreme Court Case Could Liberate Trump to Pardon His Associates

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    By Newsroom on September 25, 2018 Faculty, In the News, Transition to Trump

    Jed Shugerman was cited in The Atlantic about the presidential pardon power.

    Within the context of the Mueller probe, legal observers have seen the dual-sovereignty doctrine as a check on President Donald Trump’s power: It could discourage him from trying to shut down the Mueller investigation or pardon anyone caught up in the probe, because the pardon wouldn’t be applied to state charges. Under settled law, if Trump were to pardon his former campaign chairman Paul Manafort, for example—he was convicted last month in federal court on eight counts of tax and bank fraud—both New York and Virginia state prosecutors could still charge him for any crimes that violated their respective laws. (Both states have a double-jeopardy law that bars secondary state prosecutions for committing “the same act,” but there are important exceptions, as the Fordham University School of Law professor Jed Shugerman has noted.)

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