A New York State Judge has dropped Paul Manafort’s State charges, citing double jeopardy. This decision is subject to appeal, but if Manafort prevails, it would clear the way for a Federal pardon. Because this appeal involves a Federal constitutional issue, any resolution at the State level would be subject to consideration by the United States Supreme Court.
I support this decision. Double jeopardy is double jeopardy, regardless of whatever the motivation is for engaging in it.
Order of the New York Supreme Court for New York County by Justice Maxwell Wiley.
For those of you unaware, the New York Supreme Court is NOT the “supreme” court of New York. It is a trial court of general jurisdiction with an appellate division. The “supreme” court of New York is the New York Court of Appeals. Any appeal of today’s decision would go first to the appellate division of the Supreme Court, then to the Court of Appeals. As I have now determined, this case cites purely State law, so there is no appeal possible to the United States Supreme Court.
I think the State will certainly appeal, so this matter is far from concluded.