By: Rusty Brooks
New York lawmakers last September proposed the “No Citizen is Above the Law” legislation aimed at making it harder for Trump or any future president to avoid state prosecution if accused of criminal wrongdoing, and ironically during the week of Trump’s second impeachment trial, the bill is poised to pass.
Senate Deputy Leader Michael Gianaris and Assembly Member Nick Perry announced the New York No Citizen is Above the Law Act, in September of 2020 after a federal court granted President Trump another delay in his on-going legal maneuverings and stall tactics to keep hidden his subpoenaed tax returns from the Manhattan District Attorney. This bill ensures laws are equally applied to all citizens, even the President of the United States
“This President and any who follow should be held accountable for their illegal acts,” said Senate Deputy Leader Michael Gianaris at the time. “We must close the loophole that allows Presidents to exploit statutes of limitations coupled with Presidential immunity to forever escape culpability for malfeasance.”
“Clearly the privileges of the office of President were not intended to make the holder of the office above the law and was not intended to empower a President with the ability to thwart and sabotage an active, legitimate investigation as New York prosecutors have accused the president of doing,” said Assemblyman Nick Perry at the time.
“We must close the loophole that allows Presidents to exploit statutes of limitations coupled with Presidential immunity to forever escape culpability for malfeasance”, Perry demanded in September.
The bill will pass the state Senate this week and is on the calendar to be voted on in the Assembly at any time, the NY Post pointed out. Trump legal adviser Alan Dershowitz said the proposed state law is probably legal, as long as legislators do not extend the statute of limitations for criminal prosecution, typically five years.
The bill pauses statute of limitations for all crimes alleged to be committed by the President of the United States. If enacted, it would thwart all efforts by any sitting US President to impede on-going criminal investigations. Under current law the immunity enjoyed by Presidents can be used to run out the statute of limitations on criminal charges. The bill, if enacted, would take effect immediately allowing prosecutors in New York State currently pursuing investigations into the sitting President of United States to pursue charges if warranted, Senate Deputy Leader Michael Gianaris press release stated.
