Donald Trump assured his return to the White House in the United States presidential elections, and with that, the future of the four criminal cases he faces in different parts of the country remains in suspense. Experts explain what could happen once he takes over the leadership of the country again.
Donald Trump's victory in the United States presidential election could mean the end of some of the criminal cases he faces at the federal level and the suspension of his state proceedings, according to experts.
Trump became the first person convicted of a serious crime to be elected to the US Presidency. The Republican was found guilty on 34 counts in a bribery case in New York just over five months ago.
“The implications of a state court convicting a president-elect are such that, at a minimum, the hearing is likely to be delayed and the punishment, if any, will almost certainly await the conclusion of his term,” he told the Voice of America James Sample, professor of Constitutional Law at Hofstra University in New York.
Trump's lawyers are expected to ask New York Judge Juan Merchan to delay his sentencing, currently scheduled for November 26, in which he could face up to four years in prison.
Merchan has already twice postponed Trump's sentencing – initially scheduled for July 11 – in part due to a Supreme Court ruling that determined that presidents have broad immunity of prosecution for their official acts. Trump argues that the case should be dismissed based on that ruling, which prosecutors dispute.
Michael Morley, a professor of election law at Florida State University, explained that in the proceedings in New York, “Trump's re-election as president would likely lead the court to further exercise its discretion in Trump's favor, meaning that if the court attempts to impose a sentence that interferes with his presidency, it will be stayed.”
Federal cases could “evaporate”
Trump also faces four charges in federal court in Washington accusing him of spreading false claims of voter fraud to try to block the certification of votes after the 2020 elections, which the now president-elect lost to Democrat Joe Biden.
Additionally, he was charged in Florida with illegally retaining classified documents after his first term ended in 2021 and obstructing government efforts to recover them.
However, in the latter, Judge Aileen Cannon dismissed all charges, asserting that special prosecutor Jack Smith, who led the federal proceedings, had been improperly appointed to the position.
“Once Trump becomes president and appoints an attorney general, he could simply decide to end the proceedings,” Morley explained.
The professor elaborated that “there is also a long-standing legal interpretation of the Department of Justice that sitting presidents are not subject to federal prosecution. Therefore, at a minimum, the federal prosecutions would not move forward, and the most likely outcome is that the new attorney general will dismiss the cases or simply terminate the appointment of the special counsel, so it is likely that the federal prosecutions will simply evaporate. .
Trump claimed during the campaign that he would fire special counsel Smith “within two seconds” after being sworn in as president.
The president-elect has declared himself innocent of all charges and described the processes as politically motivated.
In Georgia, the future is similar
Last year, prosecutors in Fulton County, Georgia, used state laws developed to combat organized crime to charge Trump with alleged conspiracy to reverse his defeat in the battleground state in the 2020 elections.
“The proceedings in Georgia, where there has not yet been a verdict, would almost likely be suspended. The notion of having an ongoing criminal case against a sitting president would raise serious constitutional issues, federalism concerns and the president,” Professor Morley added.
Trump will not be able to end the impeachment, but his lawyer has already said in court that he will try to stop any activity related to the Republican based on the argument that a president should not face the burden of criminal prosecution while in office. .
Sample, a constitutional law professor at Hofstra University, described its continuation as a “practical impossibility.”
Experts agreed that even after becoming president, Trump could not issue a pardon that would eliminate state prosecutions in New York and Georgia, because the president can only pardon federal crimes. However, you can appeal cases.
The Republican victory was declared this Wednesday morning after winning several key states, including Pennsylvania and Wisconsin, where he defeated Democratic Vice President Kamala Harris.
“This was a movement like no one had seen before and, frankly, this was, I think, the greatest political movement of all time,” Trump said in an early morning speech declaring himself the winner.
Harris, for her part, called Donald Trump to congratulate him on his victory. The Democrat, who is scheduled to speak later Wednesday, also “discussed the importance of a peaceful transfer of power and being a president for all Americans,” one of the aides said.