How the election could affect Trump’s legal fate

WASHINGTON — Former President Donald Trump is named in four criminal cases, but the most important verdict in his legal future could come on Election Day Tuesday. If he wins, all of his charges could be dropped or suspended for at least four years. If he loses, he potentially faces a quick verdict in one case and a trial in three others.

If Trump were not a presidential candidate, his problems with the law would be inevitable. He is currently scheduled to be sentenced Nov. 26 on 34 counts in his New York money-for-secrecy case. Two tests loom − one in federal court in Washington, D.C. and one in Georgia state court − on allegations that he tried to steal the 2020 election. In Florida, a Trump-appointed federal judge dismissed allegations that Trump mishandled classified documents after leaving the White House. But this delay may be temporary, as prosecutors have appealed the decision.

Electing president would give Trump a chance, as legal experts say serious action in the New York and Georgia cases would likely be delayed until he has served his four-year term. Trump said he would fire Justice Department special counsel Jack Smith in two federal cases., and he could also try to forgive himself.

But if Trump loses, all of his cases can move forward—provided he fails to use various legal tricks to delay and derail them, including his argument that he is protected by a July Supreme Court ruling that created sweeping presidential immunity from criminal offenses. accusations.

An October USA TODAY/Suffolk University poll found that a majority, 58% of likely voters, believed it would be “wrong” for Trump to direct the Justice Department to drop federal charges against him. A similar majority of 56% of respondents said prosecutors should continue to pursue criminal cases if he loses the election.

A Trump campaign spokesman did not respond to requests for comment.

Here’s how things stand:

Sentencing in New York hush money case expected November 26

Trump was found guilty of falsifying business records to conceal a $130,000 payment to porn actress Stormy Daniels to silence her about an alleged sexual encounter before the 2016 election.

Judge Juan Merchan will decide on November 12 whether Trump is immune from charges under the Supreme Court’s ruling on presidential immunity. Trump said some evidence in the case should be thrown out along with the conviction because of the High Court’s decision.

If Trump is not cleared of conviction, Merchen will set sentencing for November 26.

But a Trump victory could mean Merchan will delay sentencing or punishment until after his administration ends.. And even if convicted, a sentence that would significantly interfere with Trump’s presidential duties, such as a prison sentence, likely could not be carried out, according to legal experts.

A 2000 Justice Department memorandum outlining federal policy argued that imprisoning a sitting president would be unconstitutional because it would “deprive the executive branch of the ability to perform its constitutionally mandated functions.”

“The feeling is that they will follow the feds’ guidelines and therefore delay judgment in the New York case until after he’s finished his presidency,” Robert Weisberg, a Stanford law professor who teaches criminal law and process. .

If he loses the election, Merchan will have to sentence the real estate tycoon to anything from nothing at all to several years in prison.

Trump may instruct the Justice Department to abandon federal cases

Trump said he would fire federal prosecutor Smith and possibly even jail him.

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

Trump’s critics would see this as an attack on the Justice Department’s historic independence. Rep. Adam Schiff, D-Calif., has introduced a bill that would prohibit the president from dismissing criminal prosecutions against himself, but it is unlikely to pass the Republican-majority House.

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

Trump said Smith treated him unfairly.

“They should throw deranged Jack Smith and his thug prosecutors in jail, and Useless Garland and Trump hating Lisa Monaco,” Trump said in a Truth Social post in July 2023, referring to Attorney General Merrick Garland and Deputy General prosecutor Lisa Monaco. “They have completely weaponized the Department of Justice.”

Garland has repeatedly denied that Trump’s prosecution was politically motivated. “DOJ prosecutors are impartial,” he said. “They don’t allow partisan considerations to play any role in their decisions.”

Trump says he can pardon himself

Article 2 of the Constitution states that the President “shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” The powers extend to federal matters.

Trump has said he may pardon himself, but that remains the subject of a legal debate involving experts on both sides.

“As many legal scholars have stated, I myself have an absolute right to HELP.” Trump said in a 2018 X post:formerly known as Twitter.

What are the federal charges that Trump tried to rig the 2020 election?

U.S. District Judge Tanya Chutkan is weighing whether to dismiss any 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 charges for private acts while in office.

Trump and his lawyers argue that the entire case should be thrown out on the grounds of presidential immunity. But Smith argues that Trump acted for his own personal gain rather than out of a public duty to hold office as he tried to reverse his defeat in the 2020 election.

The case about secret documents has already been dropped, but the appeal can be left without consideration

In addition to firing Smith, Trump could direct the Justice Department to abandon its appeal of the dismissal of his other federal case, in which he is charged with storing secret documents at Mar-a-Lago after leaving the White House.

U.S. District Judge Eileen Cannon dismissed the charges, ruling that Smith’s appointment was illegitimate because the post was powerful enough to require congressional authorization or Senate confirmation, as U.S. prosecutors do.

Smith asked 11^th The U.S. Circuit Court of Appeals overturned her decision. He cited federal laws allowing the attorney general to appoint officials and numerous court decisions supporting the appointment of special counsel for decades.

The charges accuse Trump of illegally possessing more than 100 national security documents within a year and a half of leaving the White House. Trump, who has pleaded not guilty, has repeatedly said he may have taken the tapes with him after he left the White House and that he declassified them despite a lack of documentation to back up his claims.

Georgia charges remain even if federal charges are dismissed

Trump’s trial in Georgia on election racketeering charges could be delayed under the Supremacy Clause of the Constitution if he retakes the White House.

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

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

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

Trump has pleaded not guilty.