August 22, 2018

NY state law: the quiet threat awaiting Trump

Alternet -Trump has claimed the power to fire Robert Mueller, the special prosecutor, or hobble his inquiry, and authority to take over the investigation and even run it himself.

But Trump has no power to stop any state-level criminal investigation or pardon anyone convicted of state crimes.

.... Congressional Republicans have adopted a strategy of protecting Trump from the oversight of presidential actions, ignoring their duty under our Constitution. But Cohen’s confession opens the door wide for state investigations of Trump, the Trump Organization, the three older Trump children who are or were officers of the Trump Organization, other company officials and Cohen.

Cyrus A. Vance Jr., the Manhattan district attorney, and Barbara Underwood, the state attorney general, are Democrats who have so far been as reluctant as Republicans to investigate. While the Congressional Republicans have political motives, Vance and Underwood have taken oaths to that require them to treat all equally before the law and neither to make political decisions nor cower before a high office holder.

... One avenue for investigation starts with New York State Penal Code Article 20.

It provides that “when one person engaged in conduct which constitutes an offense,” as Cohen admitted that he did, “another person is criminally liable for such conduct” if he “solicits, requests, commands, importunes or intentionally aids such a person to engage in such conduct.”

This is exactly what Cohen described regarding the hush money payments.

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