Donald Trump’s U.S. presidential election victory on Wednesday will essentially end the criminal cases brought against him.
First Former U.S. President To Face Criminal Charges
The first former U.S. president to face criminal charges, Trump for much of this year faced four simultaneous prosecutions.
The question that is uppermost on everybody’s mind is if Donald Trump will face legal consequences of his alleged criminal actions.
Trump faces many charges including attempt to cover up hush money payment to porn star Stormy Daniels and attempts to overturn his 2020 election defeat.
U.S. Justice Department officials on Wednesday were assessing how to wind down Special Counsel Jack Smith’s two criminal cases against the Republican president-elect.
Policy Forbids Prosecution Of A Sitting President
A long-standing policy forbids prosecuting a sitting president, a person familiar with the matter told Reuters.
His unique role as president makes it unlikely he will face legal consequences in either case during his term in office.
Sentencing a president-elect ahead of Inauguration Day would be unprecedented in U.S. history.
Legal experts therefore expect the hearing to be delayed.
Donald Trump’s Conviction
In May, a New York jury found him guilty of falsifying business records tied to the Daniels payment.
As a result, he became the first former U.S. president convicted of a felony.
Trump’s Statement
Trump’s statement to an interviewer on October 24 that he would fire Smith “within two seconds” of being sworn in, is a cause of concern.
Smith led the federal prosecutions over his attempts to overturn his election defeat and retention of classified documents after leaving office.
Donald Trump Pleaded Not Guilty To All Charges
Trump pleaded not guilty to all charges and cast the prosecutions as politically motivated.
Trump will not have the same control over the New York hush money case or Georgia’s prosecution of him for trying to overturn his 2020 loss in that state.
One more court date is scheduled before he is due to be sworn in on January 20, though legal experts said that was unlikely to go forward.
New York Hush Money Case
In New York, Trump’s lawyers are expected to ask Justice Juan Merchan to delay his sentencing currently scheduled for November 26 – at which he could face up to four years in prison.
Sentencing a president-elect ahead of Inauguration Day would be unprecedented in U.S. history, and legal experts expect the hearing to be delayed.
Merchan has already twice postponed Trump’s sentencing, which was initially scheduled for July 11, in part due to a July U.S. Supreme Court ruling finding that presidents have broad immunity from prosecution over their official acts.
Trump argues the case should be dismissed based on the ruling, which prosecutors dispute.
Trump has vowed to appeal his conviction once he is sentenced.
Separately, his lawyers have asked the 2nd U.S. Circuit Court of Appeals to move the case to federal court.
Such a move, if successful, could create new legal obstacles for the case.
Federal Prosecutions
Trump faces four charges in federal court in Washington accusing him of spreading false claims of election fraud to try to block the collection and certification of votes following the 2020 election, which Trump lost to Democrat Joe Biden.
Smith had also charged Trump with unlawfully holding onto classified documents after his first term ended in 2021 and obstructing efforts by the U.S. government to retrieve the records.
Dismissal Of All Charges
Florida-based U.S. District Judge Aileen Cannon, who was nominated by Trump, dismissed all charges in July after finding that Smith was improperly appointed.
The Justice Department filed an appeal in the case.
James Trusty, who previously represented Trump in both matters, said he was not as optimistic that the Justice Department would dismiss the cases on its own.
“My instinct is they would rather sit in status quo or largely status quo, rather than affirmatively pull the plug,” he said.
“Politically, I think they would rather have the new Trump administration’s fingerprints on the demise of the cases.”
Georgia Racketeering Case
Prosecutors in Fulton County, Georgia, last year invoked state racketeering laws — developed to fight organized crime — to charge Trump.
The charges related to an alleged conspiracy to reverse his defeat in the battleground state in the 2020 election.
Trump will not be able to end the prosecution.
His lawyer will seek to pause any activity related to Trump based on an argument that a president should not face the burden of a criminal prosecution while in office.
Disqualification Of Lead Prosecutor
Trump and eight of his 14 co-defendants in the case are asking a Georgia appeals court to disqualify the lead prosecutor, Fulton County District Attorney Fani Willis.
They have alleged misconduct stemming from a romantic relationship she had with a former deputy.
Arguments Listed Early Next Month
Oral arguments are scheduled for December 5.
If that effort fails, the case will be able to proceed against the other co-defendants, who include Trump’s former personal lawyer Rudy Giuliani and White House chief of staff Mark Meadows.
But legal experts expect that the case against Trump will not progress while he remains in the White House.
