close
close

What will happen to criminal cases if Donald Trump wins the 2024 US presidential election?

What will happen to criminal cases if Donald Trump wins the 2024 US presidential election?

The results of the 2024 US elections will either be a huge relief or a huge problem for Republican presidential candidate Donald Trump. The former US president’s victory could lead to the dismissal of some of the most serious charges against him, including federal cases.

In a composite photo, adult film actress Stephanie Clifford, also known as Stormy Daniels, is seen speaking in New York and US President Donald Trump speaking in Washington, Michigan, USA, on April 16, 2018 and April 28, 2018, respectively.(REUTERS)
In a composite photo, adult film actress Stephanie Clifford, also known as Stormy Daniels, is seen speaking in New York and US President Donald Trump speaking in Washington, Michigan, USA, on April 16, 2018 and April 28, 2018, respectively.(REUTERS)

The uncertainty looming over the verdict in each of these charges—the New York hush money case, the classified documents case, and the election interference cases—was also influenced by the U.S. Supreme Court’s July decision on presidential immunity.

“If he wins, say goodbye to all criminal cases,” Karen Friedman Agnifilo, former chief of the Manhattan District Attorney’s Office’s prosecution division, said, ABC News reported. Friedman claimed that the former US president’s victory in the elections would be a “get out of jail free card” for him.

New York Hush Money Case

In the first criminal case brought against a former or current US president, Trump was convicted of falsifying business records to conceal $130,000 in payments to adult film actors. Stormy Daniels. The purpose of the money was to buy Daniels’ silence about her alleged sexual encounter with Trump a decade ago, ahead of his 2016 run for the White House.

However, the former US president denied the encounter and maintained his stance on the issue, vowing to appeal the decision.

Stormy Daniels, whose real name is Stephanie Clifford, is married to her fellow adult film star and has a little daughter.(REUTERS)
Stormy Daniels, whose real name is Stephanie Clifford, is married to her fellow adult film star and has a little daughter.(REUTERS)

Although charges specifically of falsifying business records carry a prison sentence of up to four years, sentences of probation or fines are much more common. Sentencing in the hush money case, in which Trump faces 34 felonies, is scheduled for Nov. 26, weeks after the Nov. 5 presidential election.

Manhattan Judge Juan M. Merchan granted Trump significant relief in September after postponing sentencing in the hush money case until after the presidential election. Trump’s lawyers had requested the delay, citing several reasons, including the argument that punishing a former president and current GOP candidate at the height of the election campaign would amount to election interference.

Most experts believe it is unlikely that Trump will face prison time in this case, ABC News reported. The report, based on a legal expert, suggested that if Trump wins the election, Judge Merchan could either impose a lighter sentence or postpone the entire sentence until Trump’s term ends.

Trump’s Federal Lawsuits

Former US president faces two federal lawsuits Brought to you by Justice Department special counsel Jack Smith. The first involves election interference in the 2020 White House race, and the second concerns the mishandling of classified documents.

Supreme Court Decision

In July of this year, US Supreme Court It ruled that Trump was entitled to immunity from criminal prosecution for certain actions he committed during the final leg of his presidency.

The high court issued a historic 6-3 decision that overturned the results of the 2020 election, rejecting a federal appeals court ruling in February 2024 that ruled Trump could not seek immunity for crimes related to his official actions.

“Under our constitutional structure of separation of powers, the nature of Presidential power entitles the former President to absolute immunity from criminal prosecution for actions within his ultimate and preemptive constitutional authority. He is also entitled to at least presumptive immunity from prosecution for all of his official actions. Supreme Court” “There is no immunity for unofficial actions,” it said.

Secret Documents Case

Days after that ruling, US District Judge Aileen Cannon dismissed the classified documents case against Trump, saying Attorney General Merrick Garland’s appointment of special counsel Jack Smith was ‘unconstitutional’.

Notably, Cannon was appointed by Trump to the federal bench in South Florida in 2020.

In that case, Trump was accused of illegally hiding numerous classified documents after the end of his term in the White House and conspiring to obstruct government efforts to recover those files. The documents were seized during a search of the former US president’s Mar-a-Lago mansion in August 2022.

After the case was dismissed, Smith asked the appeals court to reinstate the case, arguing that Judge Cannon’s ruling on the special counsel “could jeopardize the Justice Department’s longstanding operations and call into question hundreds of appointments in the Executive Branch.” The news report said.

Agnifilo was quoted as saying that if Trump emerged victorious, prosecutors would have no choice but to drop their objections to reopening the case.

2020 Election Interference Case

The GOP candidate faces four federal charges for undermining the 2020 election results, including conspiracy to defraud the United States, conspiracy to obstruct an official act, attempted obstruction of an official act and conspiracy against rights.

In this incident, Trump did not admit his guilt and insisted that the accusations were a political move.

These charges, brought by special counsel Smith, are currently pending as Judge Tanya Chutkan determines the course of the case in light of the Supreme Court’s presidential immunity decision. Chutkan has reportedly set a delayed schedule for the trial, which will continue long after the US election.

Specifically, Trump recently said that if he were elected, he would fire Smith in a matter of seconds. “It’s very easy. I would fire him in two seconds,” he said while speaking to Conservative podcast host Hugh Hewitt.

Smith’s firing would likely mean an immediate end to two cases: the overturning of Trump’s 2020 election defeat and the mishandling of classified documents.

The former US president also told Hewitt that he did not believe he would be impeached if he fired Jack Smith.

If Trump wins the election, his promise to fire Smith may not be necessary. That’s because the Justice Department has a long-standing policy of blocking the prosecution of a sitting president; This means that all federal prosecutions against Trump could be halted immediately after his victory in the White House race.

“The indictment or criminal prosecution of a sitting President would unconstitutionally impair the capacity of the executive branch to carry out its constitutionally assigned duties,” the policy, available on the Department of Justice website, states. The statement is included.

Georgia Election Interference Case

In another state case that falls outside the Justice Department’s jurisdiction, Trump is accused of illegally attempting to overturn the results of the 2020 election. Georgia.

But the case has been on hold since June as District Attorney Fani Willis, who filed the lawsuit, fought attempts to disqualify him after his relationship with a prosecutor on his team was revealed. Arguments on whether Willis can proceed with the case are scheduled for Dec. 6.

Meanwhile, Fulton County Superior Court Judge Scott McAfee, who is overseeing the Georgia election interference case, dropped two charges against the former president, stating they were outside the state’s jurisdiction.

In early March, the judge dismissed six charges in the indictment; Prosecutors also object to this decision.

Trump’s defense attorney, Steve Stadow, told Judge McAfee last December that if Trump wins the US election, the trial will likely have to wait until Trump’s term is completed.

“At this point, Trump has actually won in all four cases,” Georgetown Law professor Paul Butler was quoted as saying by *The Financial Times*. he said.

Rumors that Trump Pardoned Himself

There is speculation that Trump will pardon himself if he wins the race for the White House. No US president has ever pardoned himself. *The Financial Times* reported that Trump brought up the idea during his first term as president. However, if the Justice Department dismisses the cases against Trump, there will be no need for Trump to pardon him.

Read more about the 2024 US Elections:

• Catch ’em all reporters, in-depth explainers, and in-depth analysis of the United States. choices here.

• HT in the USA: Special news from Prashant Jha about the American elections

US Elections 2024

Expiring on November 5 presidential election It will determine whether the future of the USA lies with Democrats’ Kamala Harris or Republican candidate Donald Trump. The winner will be inaugurated on January 20, 2025 and will hold the White House for the next four years.