How the election could shape Trump’s legal fate

WASHINGTON – Former President Donald Trump is involved in four criminal casesbut this may be the most important judgment in his legal future Tuesday is election day. If he wins, all charges against him could be dropped or delayed for at least four years. If he loses, he could potentially face a quick verdict in one case and trials in the other three.

If Trump were not a presidential candidate, his legal troubles would be inevitable. This is now about to happen convicted on November 26 of 34 crimes on his New York hush money business. There are two trials coming up − one in federal court in Washington, D.C. and one in Georgia state court − on charges of attempting to rig the 2020 elections. In Florida, a federal judge appointed by Trump dismissed allegations that Trump mishandled classified documents after leaving the White House. However, this release may be temporary as prosecutors have appealed the decision.

Being elected president would give Trump a chance, as legal experts say major action in the New York and Georgia cases will likely be postponed until after Trump serves out his four-year term. Trump said he would slow down Department of Justice Special Counsel Jack Smith on two federal cases, he could also try to pardon himself.

However, if Trump loses, all of his cases will be able to move forward – assuming he fails to use various legal tricks to delay and derail them, including the argument that he is protected by July ruling of the Supreme Court creating broad presidential immunity from criminal charges.

October USA TODAY/University of Suffolk Poll found that a majority of 58% of likely voters believed so It’s “bad” that Trump runs the Department of Justice to dismiss the federal charges against him. A similar majority, 56% of respondents, said that if the election was lost, prosecutors should continue pursuing criminal cases.

A Trump campaign spokesman did not respond to a request for comment.

Here’s how things look:

The verdict in the hush money case in New York will be announced on November 26

Trump was convicted of falsifying trade records to conceal a $130,000 payment to porn actress Stormy Daniels and silence her over an alleged sexual encounter before the 2016 election.

Judge Juan Merchan will decide on November 12 whether Trump will be exonerated from charges arising from the Supreme Court’s ruling on presidential immunity. Trump has provided some evidence on this matter should be thrown out with convictionin connection with the decision of the Supreme Court.

If Trump is not protected from conviction, Merchan set sentencing for November 26.

However, a Trump victory could mean Merchan will delay sentencing or punishment until after his administration. And even if a verdict were issued, legal experts say a sentence that would significantly interfere with Trump’s presidential duties, such as a prison sentence, likely could not be enforced.

2000 Department of Justice memo which determines federal policy, argues that imprisoning a sitting president would be unconstitutional because it would “prevent the executive branch from carrying out its constitutionally assigned functions.”

“There is a sense that they would have complied with federal standards and therefore delayed the judgment in the New York case until after he was out of office,” Robert Weisberg, a law professor at Stanford University who teaches criminal law and procedure, told USA TODAY. .

Losing the election would mean that Merchan would have to sentence the real estate tycoon to everything absolutely nothing Down several years in prison.

Trump could instruct the Justice Department to drop federal cases

Trump has said he will fire federal prosecutor Smith and possibly even imprison him.

“It’s that simple, I’d fire him in two seconds.” Trump told radio host Hugh Hewitt October 24 about Smith.

Trump’s critics would see it as an attack on the Justice Department’s historic independence. Congressman Adam Schiff, California Democrat, presented the bill to prevent the president from dismissing a criminal case against himself, but it is unlikely to pass the Republican-majority House of Representatives.

“The rule of law is the fundamental foundation of our nation,” Schiff said in a statement. “No one, not even the president, is above this.”

Trump said Smith treated him unfairly.

“They should put Deranged Jack Smith and his thuggish prosecutors in jail, along with Lawless Garland and Lisa Monaco-hating Trump.” – Trump stated in a post on Truth Social in July 2023, referring to Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco. “They have completely armed the Department of Injustice.”

Garland repeatedly he denied Trump’s accusations were politically motivated. “Department of Justice prosecutors are impartial,” he said. “They do not allow partisan considerations to play any role in their determinations.”

Trump says he could pardon himself

Article 2 of the Constitution states that the president “shall have power to grant pardons and pardons for offenses against the United States, except in cases of impeachment.” This authority applies to federal matters.

Trump said he could pardon himself, but it remains topic for legal debatewith experts on both sides.

“As many lawyers have stated, I myself have the absolute right to pardon.” Trump said in a 2018 post on Xformerly known as Twitter.

What are the federal charges claiming Trump tried to steal the 2020 election?

U.S. District Judge Tanya Chutkan is considering whether to dismiss any of the charges against Trump accusing him of conspiring to steal the 2020 election.

The Supreme Court has ruled that former presidents are protected from prosecution for official acts but are vulnerable to prosecution for private acts while in office.

Trump and his lawyers say the entire case should be thrown out because of presidential immunity. But Smith argued that Trump was acting for his own gain instead of fulfilling the public duty of holding office as he tried to reverse his 2020 election defeat.

The case involving classified documents has already been dismissed, but an appeal may be rejected

In addition to firing Smith, Trump could recommend that the Justice Department drop an appeal to dismiss his other federal case, which accused him of collecting secret documents at Mar-a-Lago after leaving the White House.

U.S. District Judge Aileen Cannon dismissed the charges ruling that Smith’s nomination was illegitimate because the position was so powerful that it should have required congressional consent or Senate confirmation, as did U.S. lawmakers.

Smith asked 11^vol The U.S. Circuit Court of Appeals to overturn its decision. He cited federal laws authorizing the attorney general to appoint officials and numerous court decisions upholding special counsel appointments for decades.

The allegations accuse Trump for illegally withholding more than 100 national security documents for a year and a half after leaving the White House. Trump, who has pleaded not guilty, has spoken out repeatedly that he was able to take the files with him when he left the White House and that he declassified them despite the lack of documentation to support his claims.

Charges loom for Georgia even if federal charges are dismissed

Trump’s trial in Georgia on election racketeering charges could be postponed under the constitution’s supremacy clause if he regains the White House.

If Trump loses the election, the Georgia Court of Appeals will hear arguments on December 5 whether to remove Fulton County District Attorney Fani Willis from the case.

Trump argued that Willis should be removed and the charges dropped because a romantic relationship with another prosecutor, Nathan Wade, prompted her to pursue the case.

The charges accuse Trump of conspiring to persuade state lawmakers to replace the state’s presidential electors with Republicans, despite Democratic President Joe Biden’s victory in the state. Trump was also charged with encouraging a public official to violate his oath of office by asking Georgia Secretary of State Brad Raffensperger to “find” him enough votes to win.

Trump pleaded not guilty.