If Trump pardons Manafort…

New York state prosecutors have put together a criminal case against Paul Manafort that they could file quickly if the former chairman of Donald Trump’s 2016 campaign receives a presidential pardon.

New York County District Attorney Cyrus Vance Jr. is ready to file an array of tax and other charges against Manafort, according to two people familiar with the matter, something seen as an insurance policy should the president exercise his power to free the former aide. Skirting laws that protect defendants from being charged twice for the same offense has been one of Vance’s challenges.

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Prosecutors in Vance’s office began investigating Manafort in 2017, months before Mueller charged him with conspiracy, failure to file reports of foreign bank accounts and failure to register as an agent of a foreign country, activities stemming from his earlier work for Ukraine. Mueller’s team followed up with more charges of bank fraud, filing false tax returns and failure to file reports of foreign bank accounts in early 2018.

I wonder if they talk to each other about this. I wonder if the New York people urge the Mueller people to omit some charges in case of pardon, so that they won’t bump up against double jeopardy. I wonder if that’s seen as legitimate or sleazy.

Much of the evidence against Manafort has emerged through Mueller’s prosecutions. But Vance’s office can’t cut and paste Mueller’s charges into a state indictment. It must avoid New York’s double jeopardy law, which provides protections for defendants even stronger than those guaranteed by the U.S. Constitution’s Fifth Amendment.

Former New York Attorney General Eric Schneiderman anticipated this concern last year when he urged Albany lawmakers to tweak the state’s robust double jeopardy protections to allow local prosecutors to charge individuals convicted of federal crimes but pardoned by the president. The state legislature didn’t follow through on his request.

It seems extremely difficult to make good law based on the criminality of one president.

Manafort’s legal team would almost certainly challenge the state’s efforts, invoking constitutional protections. New York’s double jeopardy provisions have frustrated state authorities in the past, said John Moscow, who prosecuted global bank fraud and money laundering cases under Vance’s predecessor Robert Morgenthau.

“My suggestion is to change the double jeopardy statute in New York to permit prosecutions with this kind of conduct in mind,” said Moscow, who is now at Lewis Baach LLC and isn’t involved in the matter. “As interpreted, the statute is too broad and needs to be rethought.”

If only we could convict Manafort for what he did to Ukraine.