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Daniel R. Alonso extensively quoted in Law360 article, "'Hole' in Bannon's pardon may leave room for new charges”


Daniel R. Alonso

The Law360 article, “'Hole' in Bannon's pardon may leave room for new charges,” discussed the pardon former White House chief strategist Steve Bannon received and the opportunities it left open for local prosecutors to charge him with allegedly defrauding local residents through his “We Build The Wall” fundraiser.

Alonso noted, “The Manhattan DA could definitely pursue fraud charges notwithstanding the pardon, as the pardon has no effect on state charges. The facts as alleged make out several possible New York state crimes.” He also noted that “Under New York's 1969 double jeopardy law, District Attorney Cy Vance could pursue Bannon even without the help of a new state law, effective October 2019, that explicitly allows prosecutors to pursue charges against pardoned close associates of a U.S. president. Bannon has not yet been prosecuted under the meaning of the law. Had he been pardoned by Trump after a trial conviction or guilty plea, only then would it be necessary for prosecutors to invoke the new law to carry out a New York prosecution.”

Alonso added that “there is also the question of whether prosecutors should honor Trump's likely intent to pardon Bannon for the whole wall fund scheme. Ordinarily, that would argue in favor of the prosecutors refraining from recharging him. In this case, though, this pardon — while apparently valid — was an abuse of the pardon power.”

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