How the election could shape Trump's legal fate

WASHINGTON – Former President Donald Trump including four criminal casesHowever, the most important decision in your legal future may be made on: election day tuesday. If he wins, all charges could be dropped or suspended for at least four years. If he loses, he has the potential to face swift sentencing in one case and trial in the other three cases.

If Trump had not been a presidential candidate, it would have been inevitable that he would have had legal trouble. It is currently planned to be Convicted of 34 felonies on November 26 New York hush money case. Two lawsuits are approaching − one in federal court in Washington, D.C., and the other in Georgia state court. − on charges of trying to steal the 2020 election. A Trump-appointed federal judge in Florida Accusations that Trump mishandled classified documents denied After leaving the White House. However, this postponement may be temporary as prosecutors appeal the decision.

Being elected president would give Trump a breakout opportunity because legal experts say serious action in the New York and Georgia cases will be delayed until after Trump’s four-year term. Trump said he would shoot Justice Department special counsel Jack Smith in two federal cases, And he could try to forgive himself.

But if Trump loses, all of his cases can move forward; assuming he cannot succeed in his various legal gambits to delay and derail these cases, including his claim that he is protected by the United States. Supreme Court’s July decision Creating blanket presidential immunity from criminal charges.

One October USA TODAY/Suffolk University Poll Found that a majority of 58% of likely voters think this will happen Trump’s direction of the Department of Justice is “wrong” to deny the federal charges against him. A similar majority, 56 percent of respondents, said prosecutors should continue to pursue criminal cases if they lose the election.

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

Here is the status of the cases:

The sentence in the hush money case in New York is expected to be on November 26

Trump convicted of falsifying business records concealing a $130,000 payment to porn actress Stormy Daniels and silencing her about an alleged sexual encounter ahead of the 2016 election.

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

If Trump is not exempt from conviction, Merchan will determine the sentence on November 26.

But Trump’s victory could mean Merchan will delay sentencing or sentencing until his administration is over. Even if sentencing is put forward, a penalty such as prison time that would significantly interfere with Trump’s responsibilities as president is unlikely to be imposed, legal experts say.

2000 Ministry of Justice note The law, which sets out federal policy, argues that imprisoning a sitting president would be unconstitutional because it would “impede the executive branch from exercising its constitutionally appointed functions.”

“The feeling out there is that the feds will follow their norms and therefore delay sentencing in the New York case until after he finishes his presidency,” Robert Weisberg, a Stanford law professor who teaches criminal law and procedures, told USA TODAY. .

An election loss would leave Merchan condemning the real estate mogul to any punishment. nothing with several years in prison.

Trump may order Justice Department to drop federal cases

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

“It’s easy; I could fire him in two seconds.” Trump told radio host Hugh Hewitt about Smith on October 24.

Critics of Trump will see this as an attack on the Justice Department’s historic independence. Representative Adam Schiff, Democrat from California, introduced a bill to prevent a president from dismissing criminal prosecution against him, but that 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 is above him, not even the president.”

Trump said Smith treated him unfairly.

“They should put Deranged Jack Smith and his Thug Prosecutors in jail, along with Meritless Garland and Trump Hater Lisa Monaco.” Trump said in his post on Truth Social: in July 2023, citing Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco. “They have fully armed the Ministry of Injustice.”

Garland many times Trump denied the accusations They were politically motivated. “Justice Department prosecutors are non-partisan,” he said. “They do not allow partisan considerations to play any role in their decisions.”

Trump claims he could pardon himself

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

Trump said he could pardon himself, but that still applies subject of legal debateThere are experts on both sides.

“As numerous legal experts have stated, I have the absolute right to be pardoned.” In a 2018 post on X, Trump said:formerly Twitter.

Where do the federal charges stand regarding Trump’s claim that he 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 ruled that former presidents are protected from prosecution for official actions but are vulnerable to charges for private actions while in office.

Trump and his lawyers argue that the entire case should be dismissed because of the president’s immunity. However Smith argued that Trump acted for his personal gain Instead of holding public office as he tries to overturn his 2020 election defeat.

Secret documents case already dismissed, but appeal could be overturned

In addition to firing Smith, Trump could direct the Justice Department to drop its appeal of the dismissal of his other federal lawsuit accusing him of hoarding classified documents at Mar-a-Lago after leaving the White House.

U.S. District Judge Aileen Can denied the accusations Deciding that Smith’s appointment was illegitimate because the office was powerful enough to require congressional approval or Senate confirmation, like the U.S. attorneys.

Smith asked 11^This The US Court of Appeals will overturn the decision. He cited federal laws giving the attorney general the power to appoint officials and numerous court decisions that have approved special counsel appointments over the decades.

Accusations accuse Trump Unlawful retention of more than 100 national security documents for a year and a half after leaving the White House. Claiming his innocence, Trump has repeatedly argued He said he could take the recordings with him after he left the White House and declassified them, even though there was no documentation of his claim.

Georgia charges remain even though federal charges are dismissed

Trump’s Georgia trial on election racketeering charges could be postponed under the Constitution’s supremacy clause if he wins back the White House.

If Trump loses the election, the Georgia Court of Appeals is scheduled to hear arguments on December 5. Whether Fulton County District Attorney Fani Willis will be removed from office from the case.

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

The charges accuse Trump of conspiring to urge state lawmakers to swap the state’s presidential electors with Republicans even though Democratic President Joe Biden won the state. Trump is also accused of inciting a public official to violate his oath of office for asking Georgia Secretary of State Brad Raffensperger to “find” him enough votes to win.

Trump did not admit guilt.