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Legislation takes aim at President Trump

AP file photo Legislation has been introduced that would allow for charges to be filed against President Donald Trump once he leaves office.

Several New York Democrats want to change state law so they can potentially charge President Donald Trump with crimes once his time in office is over.

Sen. Michael Gianaris, D-Astoria, has introduced S.8973, the “No Citizen Is Above The Law Act” to prevent the immunity of prosecution for criminal or civil actions given to sitting Presidents of the United States from applying to the statute of limitation to bring criminal or civil cases. The Senate bill is co-sponsored by Democrats Brad Hoylman of New York City, Tim Kennedy of Buffalo, Julia Salazar of Brooklyn and Toby Ann Stavisky of Flushing.

“Under the Constitution, the President of the United States is immune to arrest,” Gianaris wrote in his legislative justification. “The US Department of Justice’s interpretation of the Constitution is that a sitting president cannot be indicted. This puts the person holding the office of president in a unique position which is not afforded to any other citizen. This interpretation allows a sitting President to escape responsibility for unlawful actions by running out the statute of limitations on potential charges by the time they leave office.

Enactment of the New York No Citizen is Above the Law Act will ensure that this tenet holds true in New York as it should in the entire United States which will toll the statute of limitations for the full period a president’s tenure in the office of president.”

Companion legislation, A.10905, is sponsored by Assemblyman Nick Perry, D-New York City, with no co-sponsors yet.

“As the world and our nation has watched while a current president, with assistance from other office holders appointed by him, skillfully has successfully blocked even the Congress of the United States from access to information that is crucially necessary for allowing a complete and full investigation, ordinary Americans have been shaken and alarmed that the office of the presidency can be used with such power to thwart a legal investigation,” Perry wrote in his legislative justification. “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 imbue a president of the United States with the ability to thwart and sabotage an active, legitimate investigation of suspicion and allegation of criminal behavior of the person holding this high office.”

The legislation is being considered as Letitia James, state attorney general, has subpoenaed banking records that include loan applications, mortgages, lines of credit and other records of financial transactions in connection to the Trump International Hotel in Washington, the Trump National Doral in South Florida and the Trump International Hotel and Tower in Chicago and records connected to Trump Park Avenue.

New York District Attorney Cyrus Vance has said his efforts to get the president’s tax returns are possibly part of an investigation into criminal conduct at the Trump Organization, though his efforts started as an investigation into payments made to Stormy Daniels and Karen McDougal, who allege they had affairs with Trump before he was president.

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