Politics 11:15 07/11/2024 World

Trump's election victory likely upends all criminal cases against him

Donald Trump's presidential victory is also a win as he seeks to resolve his four criminal indictments.

His win may largely free Trump from dealing with his criminal cases for the foreseeable future, experts told Business Insider.

"Setting politics aside, there is a lot at stake legally for Trump" in the November 5 election, former federal prosecutor Neama Rahmani predicted early in the day Tuesday.

Here's what will happen with Trump's four criminal cases — two federal and two state — moving forward.

The New York hush-money case

Trump, the first US president convicted of a crime, has a November 26 Manhattan sentencing date on his calendar.

He faces a sentencing range of as little as no jail and as much as four years in prison for his May conviction on 34 felony counts of falsifying business records to cover up his $130,000 hush-money payment to the adult film actor Stormy Daniels.

There is a chance the sentencing date will be delayed. Trump has promised to fight his indictment and conviction in New York's appellate courts. He will likely argue that the evidence in the case includes acts that took place while serving in his official role as president — evidence that would be barred under July's landmark US Supreme Court presidential immunity decision.

Once he's sentenced, experts say further appeals could keep a jail sentence on hold for years — though a jail sentence is highly unlikely, a quartet of former New York judges previously told BI.

Winning the presidency could now push things back even further, as Trump could argue he's too busy running the country to tend to his personal legal issues.

Prior to the election results, Michael Dorf, a Cornell Law School professor, predicted that if Trump won, he would quickly file court papers to delay the sentencing until he is no longer president.

Rahmani, the president and cofounder of West Coast Trial Lawyers, said that he does not believe Trump would be sentenced to jail "regardless of the outcome of the election."

"Trump winning makes it logistically impossible and a certainty that he won't receive any time," Rahmani said.

Trump's federal cases

Two federal grand juries indicted Trump in cases brought by special counsel Jack Smith. Trump would be eligible for a presidential pardon in both cases, though a self-pardon has never been tried.

Once president, Trump could ask his attorney general to fire Smith. He could also ask the courts to halt the federal prosecutions as there is long-standing Justice Department policy that a sitting president cannot be prosecuted while in office or attempt to pardon himself, said Dorf.

Trump said on a conservative radio interview last month that if elected, he would fire Smith "within two seconds."

Justice Department regulations stipulate that a special counsel can only be fired for a good cause, but Trump could have his attorney general rescind that regulation, Dorf said.

Firing Smith "is basically his right as president, though I would expect Smith to resign before then, just as a matter of course," said Michel Paradis, an attorney who teaches national security and constitutional law at Columbia Law School.

"The key thing to watch would be what Jack Smith does between Election Day and January 20 to potentially protect those prosecutions from interference," Paradis said.

"There's not a lot he can do to make them ironclad since, at the end of the day, the president does control the Justice Department," Paradis added,

Paradis said that before Trump took the oath of office, Smith could try to stay both proceedings on the grounds that sitting presidents cannot be prosecuted while in office.

Trump has pleaded not guilty to both federal indictments.

Asked for a comment Tuesday afternoon, Steven Cheung, Trump's campaign spokesman, told BI: "The Lyin' Kamala Harris - Crooked Joe Biden Witch Hunts against President Trump have imploded just like their failed campaign, and should all be dismissed in light of the Supreme Court's historic decision on immunity and other vital jurisprudence."

A DOJ spokesperson did not immediately respond to a request for comment.

The federal election-interference case

Even if Trump had lost, Smith's prosecution of Trump on charges he tried to overturn the 2020 election wouldn't necessarily have barrelled ahead at full speed.

Citizen Trump could have continued to challenge the election-interference case on the grounds of presidential immunity, experts said.

In July, the US Supreme Court issued a landmark opinion that provides presidents with broad protection from being prosecuted for official acts while in office. The opinion also bars the use of official-act evidence in any prosecution of a former president, even on charges not relating to official acts.

In August, Smith won a revised indictment that narrowed the charges against Trump to cover acts he took as a private, office-seeking citizen.

The federal classified documents case

Another federal case against Trump, in which prosecutors alleged he failed to return classified government documents he took from the White House, was dismissed in July by the Trump-appointed US District Judge Aileen Cannon. She said Smith's appointment violated the Constitution.

The dismissal, which argues Congress should have approved Smith's appointment, is now being appealed by Smith in the 11th Circuit Court of Appeals. Smith's appeal revolves around what he calls "the long tradition of special-counsel appointments by Attorneys' General."



Source Panorama.am
Share |

Related news

Տեքստում սխալ կամ վրիպակ նկատելու դեպքում, ուղարկեք խմբագրին հաղորդագրություն` նշելով տվյալ սխալը, այնուհետև սեղմելով Ctrl-Enter:

Newsfeed

12:32
Alexis Ohanian showcases ancient Armenian coin
Reddit co-founder Alexis Ohanian has showcased a rare Armenian coin from 95 BC featuring Tigranes the Great, a famous Armenian king....
12:16
German foreign minister criticizes Azerbaijan's human rights record
German Foreign Minister Annalena Baerbock criticized the human rights record of Azerbaijan during her first appearance at the UN Climate Change...
12:06
Minister shares new images captured by Armenia's first satellite
Armenia's Minister of High-Tech Industry Mkhitar Hayrapetyan has shared new satellite images from orbit captured by ARMSAT-1,...
11:36
World Cadet Chess Championship passes its halfway mark
The 2024 World Cadet Chess Championship has passed its halfway mark in Montesilvano, Italy. After 6 rounds, in the Open 12 category CM...
11:15
Iran to launch 'new and advanced centrifuges' in response to IAEA censure
Iran said Friday it would launch a series of "new and advanced" centrifuges in response to a resolution adopted by the IAEA that...
11:00
Armenian, Iranian foreign ministers hold phone call
Armenian Foreign Minister Ararat Mirzoyan on Thursday had a telephone conversation with his Iranian counterpart Seyed Abbas Araghchi....
17:07
Winter military draft starts in Armenia on November 25
The winter conscription for compulsory military service starts in Armenia on November 25 to run through January 31, 2025. The...
16:45
Russian spokeswoman told not to comment on ballistic missile strike live on air
Russia's foreign ministry spokeswoman Maria Zakharova received a phone call during a live press briefing on Thursday telling her not to...
16:33
Belgian politicians call for immediate release of all Armenian prisoners held in Baku
In the backdrop of the COP29 currently taking place in Baku 20 members of the Belgian Federal Parliament, the Flemish Parliament, the Walloon...
16:06
Armenia thwarts large-scale drug smuggling attempt
Officers of Armenia’s State Revenue Committee (SRC) have foiled an attempt to smuggle some 1,600 grams of cocaine into the country as part...
15:33
Armenian government reduces financial aid for Artsakh refugees
The Armenian government on Thursday approved a decision to reduce financial aid for the displaced Artsakh Armenians. Starting from...
14:45
Percival Everett wins National Book Award
Percival Everett has won the $10,000 National Book Award for fiction, one of the US’s most prestigious literary prizes, for James, his...
14:35
Pyunik v West Armenia match canceled
An Armenian Premier League match between FC Pyunik and West Armenia has been canceled. The 17th round match was scheduled for November 21....
14:06
Armenian Foreign Ministry denies cooperation with Azerbaijan on water management
Armenia’s Foreign Ministry has denied claims of cooperation with Azerbaijan on transboundary water resources management. In a social...
13:36
No rain in sight for rest of the week
Clear weather is expected in Armenia's regions from Thursday to Sunday.  Rain and snow are forecast for most parts of the country...
13:06
Pashinyan thanks dismissed officials for cooperation
Armenian Prime Minister Nikol Pashinyan expressed gratitude to the dismissed top government officials for joint work and wished good luck to...
12:36
Armenian church marks Presentation of Virgin Mary
The Armenian Apostolic Church celebrates the Presentation of the Blessed Virgin Mary on Thursday, November 21. According to tradition,...
12:15
Luxembourg's parliament demands immediate release of all unlawfully imprisoned persons in Azerbaijan
Luxembourg’s Chamber of Deputies has adopted a resolution condemning the Azerbaijani government’s sanctions against the freedom of...
12:00
Davit Khudatyan appointed minister of territorial administration
Armavir Governor Davit Khudatyan has been appointed Minister of Territorial Administration and Infrastructure. Armenian President Vahagn...
11:45
Australia launches bill to ban social media for children under 16
Australia's centre-left government on Thursday introduced a bill in parliament that aims to ban social media for children under 16 and...
11:30
Armenia's Andranik Avetisyan wins gold at World Military Wrestling Championships
The 37th World Military Wrestling Championships kicked off in Yerevan, Armenia, on Wednesday, bringing together 400 participants...
11:10
Leopard missing for two years spotted in Armenia's Tavush
A leopard, that lost its front paw and disappered from Armenia's Vayots Dzor Province in December 2022, has been spotted in...
17:09
Armenian political analyst warns of risk of nuclear war
Political scientist Stepan Danielyan has warned of an imminent threat of nuclear war after the Russian nuclear doctrine change. President...
16:45
Rain, snow expected in parts of Armenia
Rain and snow are forecast for some parts of Armenia on Wednesday, overnight Thursday, late on Sunday and next Monday. Clear weather is...
16:22
GM Robert Hovhannisyan qualifies for FIDE World Cup
The European Individual Chess Championship 2024 has concluded. GM Aleksandar Indjic from Serbia became the champion, scoring 9 points...
15:46
Cher reveals she lost her virginity at 14 to get revenge on boyfriend
Cher has revealed she lost her virginity at age 14 as an act of revenge against her teenage boyfriend, The Independent reports. In part...
15:32
Political analyst: Azerbaijan transported weapons to Nakhichevan 5 times in 4 days
Political analyst Sergei Melkonian, a research fellow at the Applied Policy Research Institute (APRI Armenia), says Azerbaijani planes carrying...
15:04
Azerbaijan attempts to distort Energy Charter goals in lawsuit against Armenia
Azerbaijan is attempting to distort the content and goals of the Energy Charter Treaty by trying to link it to the Nagorno-Karabakh conflict,...
14:32
Armenian MP calls for tough response to destruction of Artsakh heritage
Opposition lawmaker Tigran Abrahamyan calls for a tough international response to Azerbaijan’s destruction and desecration of Armenian...
13:52
Arpine Sargsyan appointed Armenian interior minister
Armenian President Vahagn Khachaturyan on Wednesday signed a decree to appoint Arpine Sargsyan as Armenia’s new interior minister....

Follow us and get updates!

Most popular articles

{"core.blocks.header.spell_message1":"Selected mistake: ","core.blocks.header.spell_message2":"Send a message about the mistake?"}