Donald Trump’s will essentially put an end to the criminal cases brought against him, at least for the four years he occupies the White House.
The first former US president to face criminal charges, Trump has faced four simultaneous prosecutions for much of this year, on charges ranging from his attempted cover-up to his attempts to overturn his 2020 election defeat.
A New York jury in May making him the first former US president convicted of a crime.
Trump said on October 24 that he would fire US Special Prosecutor Jack Smith – who led the federal prosecutions over his attempts to overturn his election defeat and retention of classified documents after he left office – “within two seconds” from his oath.
Trump has pleaded not guilty to all charges and said the charges were politically motivated.
“The American people have heard these Democratic prosecutors’ cases against President Trump and will elect him anyway,” said Mike Davis, the founder of the Article III Project, a conservative legal advocacy group.
While Trump as president will have the authority to fire Smith and dismiss federal cases against him, he will not have the same control over the New York hush case or the Georgia court case against him for trying to overturn his loss of 2020 in that state. But his unique role as president makes it unlikely he will face legal consequences either way during his term.
“He has been rightfully accused of crimes within the system that we have,” said Kristy Parker, special counsel for Protect Democracy, an advocacy organization dedicated to countering what it calls authoritarian threats to the United States.
Parker said that if Trump closed the cases, “that wouldn’t mean it was the right thing.”
Another court hearing is scheduled before the swearing-in scheduled for Jan. 20, although legal experts said that was unlikely to happen.
Shut up money case
In New York, Trump’s lawyers are expected to ask Judge Juan Merchan to delay his sentencing currently scheduled for November 26, in which he could face up to four years in prison.
Convicting a president-elect before Inauguration Day would be unprecedented in U.S. history, and legal experts expect the hearing to be delayed.
Another court hearing is scheduled before the swearing-in, although legal experts have said that is unlikely to happen.
Merchan has already twice postponed Trump’s sentencing, initially scheduled for July 11, in part because of a U.S. Supreme Court ruling in July that found that presidents have broad immunity from prosecution for their official documents. Trump argues that the case should be dismissed based on the ruling, which prosecutors dispute.
Trump has promised to appeal his conviction once convicted. Separately, his lawyers 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 hurdles for the case.
Federal proceedings
Trump faces four charges in federal court in Washington accusing him of spreading false claims of voter 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 accused Trump of illegally retaining classified documents after his first term ended in 2021 and of obstructing the US government’s efforts to recover the documents.
Florida-based U.S. District Judge Aileen Cannon, a Trump appointee, dismissed all charges in July after finding that Smith had been improperly appointed to the role and lacked the authority to prosecute the case .
Smith’s team is appealing the ruling, but Trump’s promise to fire Smith immediately upon taking office likely spells the end of the case.
Georgia racketeering case
Prosecutors in Fulton County, Georgia, last year used the state’s racketeering laws, developed to fight organized crime .
Trump may not be able to end the prosecution, but his lawyer has already said in court that he will seek a halt to any Trump-related activity on the grounds that a president should not face the burden of criminal prosecution while in office. load.
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, for alleged misconduct stemming from a romantic relationship she had with a former deputy. The oral argument is scheduled for December 5.
If that effort fails, the case could proceed against other co-defendants, including Trump’s former personal lawyer Rudy Giuliani and White House chief of staff Mark Meadows. But legal experts expect the case against Trump will not move forward as long as he remains in the White House.
