Gov. Andrew Cuomo. Photo: Office of the Governor/Kevin P. Coughlin

Persons pardoned by President Donald Trump could now face charges from state prosecutors in New York based on the same set of facts after Gov. Andrew Cuomo signed a bill into law Wednesday aimed at closing the so-called double jeopardy loophole.

Democrats in the state Legislature, over the past year, have supported the bill as another way for officials in New York to create a check on Trump's executive power.

It was sponsored by Assemblyman Joseph Lentol, D-Brooklyn, and state Sen. Todd Kaminsky, D-Nassau, who said Tuesday the legislation was inspired by the possibility of Trump using his pardon power to benefit those close to him in the future.

"With the president all but pledging to corruptly abuse his pardon power to allow friends and associates off the hook, it is crucial that we have closed the double jeopardy loophole and preserved the rule of law in New York," Kaminsky said.

That hasn't happened as of yet, but Kaminsky has warned that Trump could swiftly grant a pardon if someone close to him is charged by federal prosecutors in the future. 

Without the law approved by Cuomo on Wednesday, state prosecutors in New York would be powerless to bring criminal charges against individuals who avoid federal prosecution through a reprieve offered by Trump, or any future president.

New York Attorney General Letitia James applauded the move in a statement Wednesday.

"We have a responsibility to ensure that individuals who commit crimes under New York state law are held accountable for those crimes," James said. "No one is above the law, and this commonsense measure will provide a reasonable and necessary check on presidential power today and for all presidents to come."

James traveled to Albany on more than one occasion to speak with lawmakers about the measure and is said to have made personal appeals to members who were on the fence about the bill.

Her argument, and that of other supporters of the bill, was that state prosecutors in New York should be able to prosecute pardoned individuals for violations of state law, even if they're let off the hook for crimes at the federal level.

Among those supporters was Cuomo, who joined James in pushing for the Legislature to approve the measure this year after it failed to become law when it was first introduced during last year's legislative session.

Republicans, who opposed the legislation, blocked it from coming up for a vote when they held a majority in the state Senate last year. Democrats, who took control this year, allowed it to move forward.

"The closure of this egregious loophole gives prosecutors the ability to stand up against any abuse of power, and helps ensure that no politically motivated, self-serving action is sanctioned under law," Cuomo said.

As of now, neither James nor any other state prosecutor in New York would have an opportunity to take advantage of the law because it doesn't apply retroactively.

Individuals who've already faced trial on federal charges would not be affected by the new law, even if they're pardoned. That's because "double jeopardy" attaches when the first juror sits at a trial, or when someone enters into a plea agreement. The legislation doesn't rescind that event.

There are two other obstacles to state prosecutors in New York immediately bringing criminal charges against someone who accepts a presidential pardon.

For one, Trump hasn't issued any pardons for the few close associates of his who've been accused of federal crimes. Paul Manafort, his former campaign manager, was convicted earlier this year and hasn't received any reprieve from Trump, for example.

The law is also written in a way that would only apply to individuals within Trump's inner circle who receive a pardon. State charges would only be allowed against someone with direct ties to Trump, either through his family, their work on his campaign, or their work in the White House.

Republicans in the state Legislature have labeled the measure as one influenced by politics, rather than a change in policy to benefit the public. Some members went as far as calling it unconstitutional and have predicted a legal challenge against the measure.

Recent revelations of the Trump administration's dealings with Ukraine have, for some, highlighted the need for closing the double jeopardy loophole.

According to a report in The New York Times last week, Rudy Giuliani, the former mayor of New York City who has served as a private attorney for Trump, is said to be the subject of a criminal inquiry by federal prosecutors into whether the former mayor broke lobbying laws in connection with efforts to undermine a former ambassador to Ukraine.

Two men with ties to Giuliani were arrested by federal prosecutors last week on campaign finance charges related to the alleged scheme, and observers have speculated that the former mayor could face exposure.

In statements to reporters the former New York City mayor has dismissed any suggestions of wrongdoing on his part in the matter.

If Trump were to pardon any of the actors in that matter on any federal charges, state law in New York would have previously prevented either the New York Attorney General's Office or a state prosecutor from bringing similar charges against them in the future.

But the new law removes that hurdle, effective immediately.

READ MORE:

NY Legislators Approve 'Double Jeopardy' Legislation Aimed at Trump Pardon Power

Federal Prosecutors Charge 2 Men With Giuliani Ties in Campaign-Finance Violation Probe

How Can Rudy Giuliani Still Be Trump's Lawyer?