Kuby described one possible defense, though perhaps one not likely to be deployed by Bannon’s team. “I think he may be in serious jeopardy in this situation, because it seems like there was a pretty good case that the federal government had, and I assume that the New York prosecutor has a lot of that,” said Carl Tobias, Williams Chair in Law at the University of Richmond School of Law.īannon has denied any wrongdoing, slamming the indictment as a “phony charge” and “nothing more than a partisan political weaponization of the criminal justice system”, according to CNN. With double-jeopardy protections probably not applying, Bannon appears to face significant legal woes. “If any aspect of the case happened in New York, they have a right to pursue it.” Rendelman also said that New York prosecutors can pursue charges for crimes that extend beyond state borders. This means that Bannon’s case could proceed “without the concern of double jeopardy that happened with Manafort”. “New York does not consider Bannon prosecuted even though he was charged for the purposes of this act.”Īttorney Julie Rendelman explained that New York law changed in 2019 which made it easier for a person to be charged in a state case similar to federal crimes for which they received pardons. “No jury was sworn, and no witness was sworn, jeopardy had not attached,” Rahmani said.
Bannon, on the other hand, was neither convicted nor tried, meaning “that New York state law will not apply”. The New York double-jeopardy law does apply to Manafort, as he had already been tried and convicted. “Basically, it says the state of New York can’t do a subsequent prosecution after any prosecution has commenced.” “New York has a very specific double-jeopardy law,” Rahmani explained.
Trump notecard trial#
Neama Rahmani, president of the Los Angeles West Coast Trial Lawyers, also thought that double jeopardy wouldn’t protect Bannon. Now you have elected district attorneys showing that the cronies are not above the law,” Kuby said. “If you look at it from a policy perspective, one can imagine a corrupt president issuing blanket pardons to all of his cronies making those cronies appear to be above the law. “He doesn’t get a pass on the state crimes because his buddy, the president, gave him a federal pardon – nor should he. Kuby also said that pursuing charges against Bannon sends a strong message to rightwing activists and Trump allies. “But that’s a double-jeopardy protection and Bannon was never placed in jeopardy, because he never went to trial.”
“Under the New York state constitution, as a general matter, when initiate a prosecution, the state is prohibited from charging the same offense,” explained Ron Kuby, an attorney. Trump also pardoned Bannon before his case went to trial.īut longtime attorneys told the Guardian that Bragg’s Bannon case was different from Vance’s Manafort prosecution because when Bannon was pardoned, state-level charges for the same alleged misconduct do not carry the same double-jeopardy risks, they said. Bannon was charged federally in August 2020 for allegedly siphoning more than $1m from the “We Build the Wall” online fundraising campaign. On the surface, some might wonder whether Bannon’s state-level case has the same legal weakness as Manafort’s did. Weisselberg, meanwhile, is expected to serve just 100 days in local jail under his plea deal. Kurson – who was first charged in Brooklyn federal court for cyberstalking, but pardoned by Trump before he left office – pleaded guilty to two misdemeanors and was ordered to do community service in his state case. Manafort was pardoned by Trump about two months before the decision came down that he couldn’t be tried in state court due to double jeopardy. Manafort, who was convicted in federal court before the New York case unfolded, ultimately didn’t face state charges on double-jeopardy grounds. Put together the cases suggest that the actions of some top Trump allies can still generate legal headaches long after Trump left the White House and also despite being issued pardons.Ĭharges do not necessarily lead to convictions, of course, let alone hard prison time, as evidenced by the outcome of these past cases.