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Moreover, the Constitution gives the president no power to grant pardons for state law offenses, with the Pardon Clause specifying the “Power to Grant ... Pardons for Offenses against the United States,” not offenses against a state. There have been reports of the New York Attorney General and Manhattan District Attorney becoming involved in the investigation of Paul Manafort for money laundering, and if they are undertaking investigations of Manafort and others, they are starting with significant advantages. Like the dog that did not bark, NYDFS has a degree of familiarity with relevant transactions and persons of interest, being already involved in overseeing Deutsche Bank’s relationship with President Trump and his assets. New York regulatory and law enforcement authorities also have access to the same SAR data from Deutsche Bank and other banks that federal investigators have. Even without the cooperation of the Special Counsel and the information found by its investigators, New York authorities would have a head start in an investigation of money laundering in real estate transactions. Although New York law enforcement and regulatory agencies may have legal authority to pursue an investigation independent of the Special Counsel, doing so would be an extreme measure that would create an unprecedented constitutional crisis. A state prosecuting a senior federal government official or advisor to the president has not happened in the modern era, aside from a largely forgotten 1985 Bronx County indictment of Secretary of Labor Raymond Donovan for larceny and fraud that caused him to resign and ended in an acquittal by a jury. The most prominent prosecutions of senior federal officials in the last half century were federal actions – the 1973 indictment of Vice President Spiro Agnew for corruption that resulted in his resignation, and the 1974 indictments of the Watergate Seven. Agnew paid a $268,000 penalty to the state of Maryland, but he paid the penalty as a result of pressure from a private lawsuit by a group of George Washington University law students, not a public prosecution by the Maryland Attorney General. An attempt by New York authorities to investigate and prosecute associates of the President would receive widespread condemnation from the White House and the public as a politicized act by Democrats, and the political and constitutional conflicts that would result may outweigh any benefits from the action.







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