New law allows NY to prosecute those pardoned by President

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FILE- In this Jan. 29, 2019 file photo, New York Gov. Andrew Cuomo holds a news conference in the Red Room at the state Capitol in Albany, N.Y. (AP Photo/Hans Pennink, File)

ALBANY, N.Y. (WIVB) — Gov. Andrew Cuomo has signed legislation into law that closes the state’s double jeopardy loophole.

It allows New York to prosecute people who have been pardoned by a U.S. president.

Previously, the loophole protected people from being prosecuted at the state level for the same offense.

“No one is above the law and New York will not turn a blind eye to criminality, no matter who seeks to protect them,” Cuomo 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.

New York Attorney General Letitia James says this keeps presidents from abusing the power of a presidential pardon.

“No one is above the law, and this common sense measure will provide a reasonable and necessary check on presidential power today and for all presidents to come,” James said.

The new law takes effect immediately.

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