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(CNN)   Roger Stone could--and should--be prosecuted by New York   (cnn.com) divider line
    More: Giggity, Criminal law, Supreme Court of the United States, New York City, United States, Lawyer, President of the United States, Prosecutor, Roger Stone's prison sentence  
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1728 clicks; posted to Politics » on 13 Jul 2020 at 12:28 PM (14 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



20 Comments     (+0 »)
 
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2020-07-13 9:03:55 AM  
Trump admires Stone because he dresses like The Penguin and The Penguin knows his way around an umbrella.

Fark user imageView Full Size
 
2020-07-13 9:13:21 AM  
I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche
 
2020-07-13 9:18:25 AM  
Man, who would have thought that this Administration would actually mean significant gains for states' rights?
 
2020-07-13 9:33:25 AM  

AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche


I'm no lawyer (thank Christ) but I just copied and pasted this. Someone who knows law stuff could elaborate.

The Constitution's double jeopardy clause generally forbids subsequent prosecutions. But the Supreme Court has made one exception. Saying that the federal government and the states are independent sovereigns, the court has allowed separate prosecutions of the same conduct in state and federal courts.
 
Xai [TotalFark]
2020-07-13 9:49:55 AM  
Ahhhhhhhhhhhhhh so now we know why trump wanted to replace the prosecutor a couple weeks ago.
 
2020-07-13 12:31:01 PM  

AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche


New York knew this was coming and closed that loophole last year.

https://www.npr.org/2019/05/21/725495​4​78/new-york-assembly-passes-bill-closi​ng-double-jeopardy-loophole-as-rebuke-​to-trum
 
2020-07-13 12:31:02 PM  

Mugato: AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche

I'm no lawyer (thank Christ) but I just copied and pasted this. Someone who knows law stuff could elaborate.

The Constitution's double jeopardy clause generally forbids subsequent prosecutions. But the Supreme Court has made one exception. Saying that the federal government and the states are independent sovereigns, the court has allowed separate prosecutions of the same conduct in state and federal courts.


Plus I am sure there are plenty of NEW charges they can press
 
2020-07-13 12:31:59 PM  
Old tricks incarnate will be a repeat offender.
 
2020-07-13 12:32:14 PM  

Xai: Ahhhhhhhhhhhhhh so now we know why trump wanted to replace the prosecutor a couple weeks ago.


I think that had as much to do with protecting his own ass.  There is a long list of shady real-estate and tax shiat he's pulled in NYS, and it no doubt hits both federal and state laws.
 
2020-07-13 12:34:30 PM  

Mugato: Trump admires Stone because he dresses like The Penguin and The Penguin knows his way around an umbrella.

[Fark user image 275x183]


Fark user imageView Full Size


Windbrella has been a lifesaver.  Still have to watch out for sudden pivots if you hold it at the base, but if you choke up or use the two-handed "Ty Cobb" grip during gusts, the canopy never inverts.
 
2020-07-13 12:38:57 PM  

AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche


Apparently NY state passed a unique law a coupla years ago....
 
2020-07-13 12:43:08 PM  

theflatline: AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche

New York knew this was coming and closed that loophole last year.

https://www.npr.org/2019/05/21/7254954​78/new-york-assembly-passes-bill-closi​ng-double-jeopardy-loophole-as-rebuke-​to-trum


Because this is all a farce. Credico and Stone knew each other well, Credico never felt threatened.  He took the comment as a joke and it had no effect on the case.  It's so, so, so stupid that New York will put violent criminals back on the street, but need to see this goofy old man behind bars because "Safety" or something...
 
2020-07-13 12:44:30 PM  
Don't guys, just don't
 
2020-07-13 12:46:26 PM  

AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche


Different crimes, even if the same act leads to them.  State and federal government are separate sovereigns and each has jurisdiction to prosecute crimes against it.  It does not matter that the same act triggers criminal liability under both sets of laws.  They are different crimes prosecuted by different sovereigns, each with the right to prosecute independent of the other.  NY used to hamstring itself and had a law precluding it from bringing a separate prosecution in certain situations following a federal prosecution, but that was a matter of state legislative action, not constitutionality.
 
2020-07-13 12:50:40 PM  
New York New York by Liza Minnelli [1977]
Youtube ge7NiJuSpac
 
2020-07-13 12:52:34 PM  

Unemployedingreenland: AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche

Different crimes, even if the same act leads to them.  State and federal government are separate sovereigns and each has jurisdiction to prosecute crimes against it.  It does not matter that the same act triggers criminal liability under both sets of laws.  They are different crimes prosecuted by different sovereigns, each with the right to prosecute independent of the other.  NY used to hamstring itself and had a law precluding it from bringing a separate prosecution in certain situations following a federal prosecution, but that was a matter of state legislative action, not constitutionality.



So since NY change the law after the criminal activity, how does ExPostFacto figure in?
 
2020-07-13 12:59:29 PM  

TrollingForColumbine: Unemployedingreenland: AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche

Different crimes, even if the same act leads to them.  State and federal government are separate sovereigns and each has jurisdiction to prosecute crimes against it.  It does not matter that the same act triggers criminal liability under both sets of laws.  They are different crimes prosecuted by different sovereigns, each with the right to prosecute independent of the other.  NY used to hamstring itself and had a law precluding it from bringing a separate prosecution in certain situations following a federal prosecution, but that was a matter of state legislative action, not constitutionality.


So since NY change the law after the criminal activity, how does ExPostFacto figure in?


Not at all. The activity was always criminal, and therefore ex post facto doesn't apply. The fact that an unrelated policy about prosecution was changed doesn't affect it.
 
2020-07-13 1:17:10 PM  

Mugato: AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche

I'm no lawyer (thank Christ) but I just copied and pasted this. Someone who knows law stuff could elaborate.

The Constitution's double jeopardy clause generally forbids subsequent prosecutions. But the Supreme Court has made one exception. Saying that the federal government and the states are independent sovereigns, the court has allowed separate prosecutions of the same conduct in state and federal courts.



PirateKing: TrollingForColumbine: Unemployedingreenland: AsparagusFTW: I hate Stone like the rest of you.

But how would this not be double jeapordy? He was tried and convicted in federal court, and now to do it again in state court? He technically "served" his sentence and granted clemency.

Any lawyers out here in Farkie land explain how this is legal?

/Stone is douche

Different crimes, even if the same act leads to them.  State and federal government are separate sovereigns and each has jurisdiction to prosecute crimes against it.  It does not matter that the same act triggers criminal liability under both sets of laws.  They are different crimes prosecuted by different sovereigns, each with the right to prosecute independent of the other.  NY used to hamstring itself and had a law precluding it from bringing a separate prosecution in certain situations following a federal prosecution, but that was a matter of state legislative action, not constitutionality.


So since NY change the law after the criminal activity, how does ExPostFacto figure in?

Not at all. The activity was always criminal, and therefore ex post facto doesn't apply. The fact that an unrelated policy about prosecution was changed doesn't affect it.


Thanks everyone.
 
2020-07-13 1:54:04 PM  
Please proceed. Stone dishing deets of Trump crimes to keep himself out of the big house would be devine.
 
2020-07-13 2:09:51 PM  
He's already been sentenced. Isn't it basically a rubber stamp at that point?
 
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