Legal Analyst: Supreme Court May Free Trump from Prison

Supreme Court May intervene to save former President Donald Trump He will be released from prison if he gets a second term in the White House on Tuesday, according to a prominent legal expert.

Professor David Driesen, author and professor of constitutional law at Syracuse University The Specter of Dictatorship: Judicial Activation of Presidential Powersaid news week Trump’s victory would mean “an end to two federal (criminal) cases” facing the former president.

Trump was convicted in New York in May 34 felony counts of commercial fraud Recordings that prosecutors allege were edited to conceal payment of hush money to former adult film actress Stormy Daniels. Sentencing is currently scheduled for November 26; Trump continues to deny any wrongdoing and brand the case as “corruption.”

Trump was also indicted in Georgia on 13 counts related to his alleged violations of the law attempting to overturn the 2020 presidential election results in the state, including violating the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act. He denied any wrongdoing.

At the federal levelTrump was indicted on four counts for allegedly trying to illegally interfere with the 2020 election results before the Jan. 6, 2021, insurrection at the U.S. Capitol. Special Advisor Jack Smith reissued indictment in September It follows a July Supreme Court decision granting the president broad immunity from prosecution for “official acts” he took while in office.

Trump was also indicted on 40 criminal counts over allegations that he illegally possessed classified documents after leaving the White House in 2021 and obstructed efforts to return them to appropriate authorities. District Court Judge Aileen Ball He later dismissed the case on the grounds that Smith’s appointment as special counsel was unconstitutional, but that is being appealed.

Trump has denied any wrongdoing in both the federal election interference and classified documents cases and claimed the charges against him were politically motivated.

Driesen spoke news week About what might happen in the hush money case in New York if Trump gets a second term in the White House. He said: “Current law does not prohibit Donald Trump from being punished or even imprisoned for his private conduct.

“But the Supreme Court could invent a new law that would keep Trump out of prison if the New York Court of Justice takes action. Juan Merchan “The Supreme Court has already shown a willingness to protect Trump, especially when it granted him immunity from criminal prosecution for official misconduct in Trump v. United States,” he said.

Driesen made the same argument in the Georgia case.

“Under current law, President Trump could be tried and imprisoned for election interference in the Georgia case. But as in the New York case, the Supreme Court may well intervene to keep Trump out of prison for the duration of his presidency,” he said.

news week He reached out to Trump’s legal team and presidential campaign for comment via email on Tuesday.

Trump appointed three Supreme Court justices during his presidency: Neil Gorsuch, Brett Kavanaugh And Amy Coney Barrett. Six of the nine justices currently on the court BBC as “conservative”.

On federal election interference and classified documents cases, Driesen said Trump could possibly undermine the investigations entirely if he is re-elected president.

“Donald Trump said he would be fired if elected jack smith“And there is no reason to doubt that he will do so,” he said. news week. “The US political system has lost many of the checks and balances that existed before Trump was elected in 2016.

“Given the failure to impeach Trump for his role in the January 6 insurrection and the decision of nearly every member of Congress to Republicans Abuse of power to fire Smith to support him is unlikely to trigger a move to impeach Trump, as a similar abuse by former President Richard Nixon did.

“Current law protects Smith from removal. I would expect the Supreme Court to reverse that law Morrison/Olson“This supports reasoned-dismissal protections for independent prosecutors to protect Trump and allow for the arbitrary removal of independent counsel.”

But Driesen argued that if Trump’s bid to oust Smith fails, he will remain protected while he is president.

“In a hypothetical world with checks and balances in place, Smith would face Justice Department policy prohibiting the prosecution of a sitting president even if he remained in office under Trump,” he said. “So Trump’s election is considered game over for the two federal lawsuits filed against him.”

SeparatelyTrump was ordered to pay $454 million in damages due to the civil lawsuit filed after the New York Judge Arthur Engoron It concluded that he had deceived banks, insurers and others for years by inflating his wealth with documents used to secure deals and loans.

Trump denied these allegations and appealed the decision. Amount I’ve been in debt ever since rose to 489 million dollars because of the interest.

Driesen suggested that if Trump is re-elected, he might try to pressure New York Attorney General Letitia James, who filed the lawsuit, but questioned whether that would be successful.

“New York Attorney General Letitia James’ business fraud case against Donald Trump will continue even if he is elected. Trump’s appeal of the $454 million verdict against him continues in court. If he loses on appeal, Trump will have zero legal standing. Driesen will lose his job He said the federal government would use its powers to protect him from the decision.

“But Trump has shown a willingness to flout norms and use his bully pulpit against political figures and business leaders who draw his ire. I expect Trump to apply the same pressure to James and any court or business that tries to make the decision safe.” way to be paid.

“But the court system is very resistant to this kind of pressure, so unless he wins on appeal, Trump will have to pay the price for this huge verdict against him.”