Through the 14th Amendment, this applies at the state level too. 2/
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For non-lawyers: the U.S. Constitution protects against double jeopardy, meaning that people cannot be punished twice for substanstially the same crime. 1/
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But, a crime is a technical legal idea and state crimes and federal crimes are distinct, even if they involve the same underlying action. 3/
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So, federal constitutional proscription of double jeopardy does not, by itself, prohibit prosecution of a state crime after somebody has been prosecuted for a federal crime involving the same conduct. 4/
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But, many states-including VA and NY-have statutes that say that the state won’t prosecute activity that has already been a basis for federal criminal conviction. 5/
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These statutes were not written in contemplation of an occupant of the U.S. presidency pardoning people to protect himself or herself from indictment. 6/
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Hence, states can and should modify their statutes in light of Trump’s corrupt attitude and actions, in preparation for prosecuting his aides and himself if/when he pardons federal convictions. 7/7
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