The fascinating neck-and-neck electoral battle culminated today in Donald Trump emerging as the 47th US President. But beyond this milestone, a pressing question looms: What happens to the numerous criminal cases currently leveled against him?
For Trump, winning the presidency may amount to a “get out of jail free card.” Experts predict that his second term could shift the legal landscape significantly, with Trump in a powerful position to disrupt or even dismiss certain cases, as reported by the Financial Times. Karen Friedman Agnifilo, former chief of the Manhattan DA’s trial division, remarked, “If he wins, say goodbye to all the criminal cases.”
The ‘Hush Money’ case and presidential shield
One of the most publicised cases against Trump involves an alleged hush money payment of $130,000 to adult film star Stormy Daniels before the 2016 election. Trump was convicted on 34 counts of falsifying business records in connection with this payment, which he has denied was intended to cover up a past relationship.
With his win, experts believe that Judge Juan Merchan, who is overseeing the case, may hold off on sentencing until after Trump’s term. Boston College law professor Jeffrey Cohen notes that Trump may face lighter consequences than previously anticipated, potentially just a day of probation instead of a prison sentence.
State-level hurdles in Georgia and New York
State cases, especially the election interference case in Fulton County, Georgia, present a unique challenge. These cases lie beyond the federal government’s jurisdiction, limiting Trump’s power as president to dismiss them. Nonetheless, legal analysts suggest that the proceedings may stall, as they have in recent months, due to complications within the district attorney’s office and resistance from Judge Scott McAfee.
Georgia’s 2020 election interference case has been on pause, with two charges already dropped by Judge McAfee on jurisdictional grounds. Trump’s legal team, led by defense attorney Steve Sadow, has argued that any trial would have to wait until Trump leaves office, potentially shelving the case indefinitely.
Federal cases hang in the balance
At the heart of Trump’s legal battle are two major federal cases: one concerning alleged mishandling of classified documents and another targeting his attempts to overturn the 2020 election. These indictments, initiated under special counsel Jack Smith, have been contentious, to say the least. Trump has fiercely denied the accusations, framing them as political maneuvers.
With his return to the Oval Office, Trump could fire special counsel Smith, effectively dismantling the federal cases against him. However, experts say that there could be significant hurdles, as Judge Tanya Chutkan would still have a say in proceedings. While Trump’s team may face a congressional standoff if they attempt to quash the cases outright, the balance of power could still fall in Trump’s favor.
An excerpt from the policy on the Department of Justice's website reads, "The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."
The Classified Documents saga
The classified documents case, stemming from a trove of files seized from Trump’s Mar-a-Lago estate, has also been embroiled in controversy. US District Judge Aileen Cannon previously dismissed it, citing questions over special counsel Jack Smith’s appointment by Attorney General Merrick Garland. Now that Trump is returning to power, the Justice Department might abandon its appeal, solidifying Judge Cannon’s dismissal of the charges and leaving the classified documents case in limbo, according to ABC News.
The pardon puzzle
Amid this legal quagmire, speculation is mounting around whether Trump would attempt an unprecedented self-pardon now that he will resume the presidency, as he had hinted during his first term as US Prez. While this scenario is without historical precedent, it remains within the realm of legal possibility. However, if federal cases are dismissed under Trump’s watch, a self-pardon may be rendered unnecessary.
What lies ahead?
As Trump finds his way back to the White House, his legal hurdles may become more negotiable—or even disappear entirely. For Democrats, who had hoped these charges would deter his supporters, Trump’s resurgent popularity is a sobering reminder that his base remains loyal. And for Trump, the presidency may prove not only a political comeback but a powerful shield against a complex and unprecedented web of legal challenges.
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