Until election day November 5 Donald Trumpthe former – and soon to be next – president of the United States risked spending years in prison. But his return to the White House in 2025 means that several court cases, besides a guilty verdict in a New York court for falsifying business records, will most likely be overturned.
The changes in the status of the Trump lawsuits are largely due to a Supreme Court decision ruling that presidents enjoy broad immunity from prosecution for official acts performed while in office. That ruling sent prosecutors in at least two cases back to the drawing board to determine whether they had a chance of success. During his first presidential term, Trump appointed three justices to the Supreme Court, giving him a six-to-three conservative majority.
Additionally, because Justice Department policy states that a sitting president cannot be tried in federal cases, the prosecutor handling two federal cases against Trump is now ending his investigations.
What are the accusations against the new president?
Trump faces four criminal indictments: two at the federal level brought by Justice Department Special Counsel Jack Smith, one in the state of New York and another in the state of Georgia.
Only the New York trial reached a verdict. There, a jury convicted Trump in June of 34 counts in a scheme to illegally influence the 2016 election by paying hush money to adult film actor Stormy Daniels. Judge Juan M. Merchan stayed the case until at least Nov. 19 to allow attorneys for both sides to consider next steps after the election result.
Trump has also been involved in civil cases.
He was convicted of sexual abuse in two civil defamation suits filed by journalist E. Jean Carroll, who awarded him 88.4 million dollars (83.6 million euros) in damages. Trump appealed both verdicts.
He also appealed a civil fraud verdict requiring that he and his companies pay $454 million in penaltiesfollowing a case brought by New York Attorney General Letitia James.
Certainly, in federal matters, and potentially in state matters as well, the wheels are about to grind to a halt.
“At least for the next four years, it seems very likely that the trials will be stopped in one way or another, or even suspended,” Eric Posner, a professor at the University of California’s law school, told DW. Chicago.
2 federal files being closed
The Justice Department has a policy of not prosecuting a sitting president. This same policy meant that Trump was not indicted following the publication of the Mueller report in 2019which investigated allegations of Russian interference in the 2016 presidential election and its ties to Trump’s first election campaign.
Smith, who led the federal prosecution, is reportedly currently winding down the cases.
But this policy may not apply to new presidents already indicted. This view is that of Claire Finkelstein, a professor at the University of Pennsylvania Carey School of Law, and Richard Painter, former chief White House ethics lawyer during the George W. Bush administration. .
The pair wrote in the Southern California Law Review last month that, since Trump was indicted before he became president for a second time, the Justice Department could pursue charges against him. But in reality, Finkelstein acknowledges that this is unlikely.
“I think the two federal files will be withdrawn anyway,” Finkelstein told DW. “From a legal point of view, this is not necessary.”
A federal case, in which Trump was indicted on 37 counts in June 2023 for “criminal violations of our national security laws” and “participation in a conspiracy to obstruct justice”, was removed from office by Trump-appointed judge Aileen Cannon in July 2024 on the grounds that Smith was unconstitutionally appointed by Attorney General Merrick Garland.
Smith appealed the decision, with the request to revive the case still pending.
The other, heard in the District of Columbia by Judge Tanya Chutkan, concerns Trump’s attempts to overturn the results of the 2020 election. The Supreme Court’s immunity ruling sent Smith’s team back to the drawing board and, once again, meant the trial would not be finalized before the election.
Trump’s New York hush money conviction must be condemned
The verdict in Trump’s hush money trial means he faces prison time. But there is no guarantee that sentencing will take place now that Trump has been re-elected.
Judge Merchan suspended the procedure until at least November 19 to allow prosecutors to give their views on what to do in light of the Supreme Court’s immunity ruling and the election victory of the former and future president.
“If a sentence is to be imposed in this case, I would be shocked if it turns out to be a prison sentence, even if the 34 counts on which he was convicted allow a judge to impose (this sentence) ” Finkelstein said.
“It is more likely that a fine or probation will be imposed, and no one knows whether that will be implemented now or as part of a suspended sentence.”
Georgia racketeering case still ongoing
Trump and 18 co-conspirators were indicted in a racketeering case for trying to overturn the results of the 2020 presidential election in the state of Georgia.
But the case has been embroiled in legal wrangling for more than a year, and the prosecution has been sidetracked by continued attempts to disqualify District Attorney Fani Willis for an alleged inappropriate relationship with a prosecutor she appointed to the case, Nathan Wade.
“For the Georgia DA’s office to take on a sitting president alone, especially given the problems that have arisen within that office, is frankly a very daunting prospect, so I imagine if Fani Willis didn’t want to do that, ” Finkelstein said.
Trump has the advantage after his election victory
Presidents have the power to pardon offenders guilty of federal crimes, and legal experts wonder whether Trump might exercise that power for his own benefit.
He probably won’t need to worry about that question if the Justice Department ends his prosecution.
The status of state cases – in which presidential pardons do not apply – is perhaps more ambiguous.
But Posner echoed Finkelstein’s skepticism about penalizing Trump.
“It is completely inconceivable that the judge (Merchan) would order him to go to prison, but he could fine Trump or impose some other sanction,” he said.
“The Georgia case … has dragged on for a long time and I imagine it will just be put on hold, that the courts will decide that it doesn’t make sense to prosecute a sitting president.”
Could business pick up after Trump’s second term?
As Trump often reminded his supporters during the election campaign and in his victory speech, there will be no more election nights from him since, constitutionally, a president can only serve two terms.
This leaves open the possibility that, if these cases are put on ice – rather than stopped altogether – they could resume after he leaves office.
“If they ask for a stay of proceedings, then the cases could be resurrected,” Finkelstein said.
“Ironically, they might view this policy (of not prosecuting a president) as a saving grace, because it would give them the ability to resurrect the cases later, if a judge was inclined to stay the proceedings.
“I guess what’s happening is the Justice Department is thinking very carefully about all of this and deciding how they want to proceed.”
But there is also the political side of the issue, and as Posner pointed out, there may be little appetite to reopen these questions when Trump leaves the White House again. At 82, he will be the oldest incumbent president in United States history.
“He’s going to be old,” Posner said. “It seems very possible that the government, that it is controlled by Democrats Or Republicanswill think it’s just not worth it to pursue these lawsuits. »
Edited by: J. Wingard