New York state Senate chamber. Photo Credit: Westpoint/CC

Legislation that would allow U.S. Congress to request President Donald Trump's state tax returns from an agency in New York and another measure that would allow state prosecutors to bring charges against individuals granted a presidential pardon is expected to pass the New York State Senate, Democrats in Albany said Tuesday.

Senate Majority Leader Andrea Stewart-Cousins, D-Westchester, told reporters that both bills have the support of the conference and will come to the floor for a vote sometime in the near future, though the timing on that action is unclear at this point.

“I think we're very concerned that the federal government, our colleagues in Congress, have an opportunity to make sure the information they need is available to them,” Stewart-Cousins said of Trump's tax returns. “To the extent that we can or must be helpful, we are certainly willing to consider that and obviously, with the attorney general, things that would be helpful for her doing her job, we want to be able to help.”

Both bills were inspired by Trump, who has decided against releasing his tax returns to Congress and the public, while also hinting that he could issue pardons for individuals in his inner circle charged by federal prosecutors, including Special Counsel Robert Mueller III.

The first bill gained momentum Tuesday after it passed its first committee vote in the State Senate, where it's sponsored by state Sen. Brad Hoylman, D-Manhattan. Hoylman said the legislation has garnered support from his colleagues in the upper chamber since he introduced it earlier this month.

“It's my third bite at the apple, I guess, and this is the one that seems to have widespread support in the Senate, I hope in the Assembly, and at least some support from Gov. [Andrew] Cuomo,” Hoylman said.

It's one of three bills that Hoylman has sponsored to seek Trump's tax returns in some capacity, none of which have been approved by the Legislature as of yet. The bill approved in committee on Tuesday appears to have gained the most support from Democrats in both chambers.

The legislation would allow the chairpersons of the U.S. House Ways and Means Committee, the U.S. Senate Finance Committee, and the Joint Committee on Taxation to request the president's state tax returns if they've already tried to obtain his federal filings from the U.S. Treasury Department.

It would not require the agency to hand over those documents; that would be at the discretion of the commissioner of the state Department of Taxation and Finance, Hoylman said. They wouldn't be made public as part of the exchange, according to the legislation.

Members of Congress also wouldn't be able to request the president's returns immediately or for any purpose. They would only be allowed to do so if there was a legitimate, legislative purpose and if the IRS has already rejected a request for the president's tax documents.

It fits the mold for the type of action Trump could seek to block through litigation if it becomes law. Trump, late Monday, sought through a lawsuit to block two banks from cooperating with a subpoena from Democrats in Congress seeking information on his finances. Hoylman argued on Tuesday that Trump would have no legal grounds to sue over his bill, or any results thereof.

“I'm not passing this bill in anticipation of a lawsuit, or not, and I don't know what the grounds of such a lawsuit would be,” Hoylman said. “If we pass the bill that allows the state Tax Department to share these returns with one of these committees, as I've said, it's a routine practice in other instances.”

Attorneys for Trump, who represent him in the litigation involving the congressional subpoenas, did not immediately respond to a request for comment on the legislation.

The second bill would change the state's laws on so-called “double jeopardy,” which prevents state prosecutors, including the attorney general's office, from charging individuals pardoned of federal crimes based on the same set of facts. The bill is written in a way that would only allow state charges to be brought against a pardoned individual with direct ties to Trump, either through his family, their work on his campaign, or their work in the White House.

The bill would not be retroactive, so individuals who have already gone to trial would not be eligible for state charges. State Sen. Todd Kaminsky, D-Nassau, said the urgency for the law to change has grown since the end of the Mueller investigation last month.

“I think the need for it has grown even more since the Mueller report has come out because it's been clear that witnesses have spoken under the penalty of perjury by saying [they] were told don't worry, you'll be taken care of,” Kaminsky said. “Which, I think, shows a use of pardon power that in the most generous reading, is problematic and could be considered corrupt.”

Neither bill has gained the same momentum in the State Assembly, where members have been more cautious about coalescing behind the legislation. Assembly Speaker Carl Heastie, D-Bronx, said members in his chamber haven't met to discuss the tax returns bill, which is sponsored by Assemblyman David Buchwald, D-Westchester.

“We haven't conferenced that,” Heastie said.

The legislation concerning double jeopardy was discussed by members last month and met swiftly with opposition, according to Assemblyman Joseph Lentol, D-Brooklyn, who sponsors the bill. Members were concerned that the legislation focused too narrowly on Trump, Lentol said. Heastie confirmed the hesitation of members over the proposal to reporters this week.

“Double jeopardy is a very serious issue and I think for members they understood the attorney general's position, but double jeopardy is a very serious thing to make changes to,” Heastie said. “But we're still engaging. There's been no final decision yet as to what happens to that bill.”

Lawmakers have seven weeks after Wednesday to approve both bills and send them to the governor for a signature before they're scheduled to leave Albany for the year in June.

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