DDonald Trump’s remarkable political comeback, culminating in his election for a second term as president, is poised to reshape the trajectory of his numerous legal challenges, many of which have dogged him for years. With the power of the White House, Trump is able to effectively shield himself from the legal liability he has long sought to avoid — at least for the duration of his presidency.
He now becomes the first convicted criminal ascend to the presidency, and his conviction in this New York case is scheduled for later this month, creating another unprecedented challenge for the judge. Trump has long cast the criminal and civil charges against him as politically motivated attacks orchestrated by his adversaries, particularly Democrats, and has used legal scrutiny as a rallying cry to bolster his base. But with his election victory, he now has enormous leverage to shelve or completely derail these matters.
Here’s what Trump’s election victory means for his legal affairs.
Federal Affairs
At the heart of Trump’s most pressing legal problems are two major federal cases: one involving the alleged efforts to overturn the 2020 election, and another involving his alleged mishandling of classified documents. These cases, brought by Special Counsel Jack Smith, were among the most consequential against a former president in U.S. history.
However, Trump’s path to avoiding these accusations now seems clearer than ever. The Justice Department is part of the executive branch under the authority of the president, although it traditionally operates with a degree of independence from the Oval Office. Trump has already signaled that he would immediately fire Smith from his position if he has not already left it. The new attorney general appointed by Trump would have the power to end both investigations and drop the charges against him. It’s a decision that would deal a fatal blow to the case accusing Trump of trying to overturn the 2020 election, which includes a complex set of accusations stemming from the Jan. 6, 2021, riot at the Capitol.
In the federal case filed against Trump in Washington, D.C., for his role in trying to overturn the 2020 election, Trump’s legal team has already successfully pushed the trial timeline beyond the election. U.S. District Judge Tanya Chutkan initially set a quick timeline for the case, but Trump’s lawyers requested repeated delays. After the U.S. Supreme Court ruled this summer that presidents enjoy broad criminal immunity for certain official acts during the exercise of their functions, the situation is precarious. It remains unclear whether Chutkan, who has made clear she is committed to moving the case forward, will have the legal means to proceed with a trial once Trump returns to office. If the case is postponed or derailed, it would be a major victory for Trump, allowing him to avoid any trials during his second term.
As for the classified documents case, an earlier ruling by Trump-appointed judge Aileen Cannon, who threw out part of the case for legal abuse by the Justice Department, suggests that further maneuvering The Trump team’s legal team could once again block or dismiss the case. costs.
It’s a unresolved legal issue if a president could pardon himself.
State cases
Beyond the federal charges, Trump faces a series of state-level legal battles, including charges in Georgia for trying to overturn the 2020 election and a felony conviction in New York for his role in a secret payment to former adult film star Stormy Daniels.
In Georgia, prosecutor Fani Willis’ case has already been delayed for several months due to an unexpected legal twist: the revelation that she was romantically involved with a key prosecutor in the case. Although the courts initially allowed the case to proceed, Trump’s legal team seized on the argument that a sitting president cannot be prosecuted for state-level crimes. Legal experts believe Trump will use the weight of his office to argue that, under the doctrine of presidential immunity, he cannot be held accountable by a state prosecutor while in office.
Also on hold are ongoing legal battles in New York, where Trump was convicted earlier this year of 34 counts of falsifying business records to conceal secret payments. Trump’s lawyers have already delayed his sentencing several times, and they will likely seek another delay or challenge the verdict, citing his status as president-elect. The sentencing, currently scheduled for November 26, represents a critical moment for Trump’s legal future. Should the New York Supreme Court rule Juan Merchanwho presided over Trump’s trial in Manhattan, will carry out the sentencing, he will face the daunting task of determining how to handle the legal consequences of a criminal conviction for a sitting or soon-to-be sitting president.
Trump’s defense will likely argue that any legal action, including prison time, should be delayed until after his presidency, citing constitutional duties and the complexities of executive responsibilities. Even if Merchan opts for sanctions other than prison, such as home confinement or community service, Trump’s legal team is expected to argue that such sanctions would be impractical or unconstitutional while he is in prison. function. Ultimately, Merchan’s decision could set an important precedent, both for Trump’s legal liability and for the broader question of how the justice system treats a president mired in criminal charges.
Civil affairs
Although criminal charges may be delayed or dismissed outright, Trump still faces significant civil litigation, including related to defamation and sexual abuse cases brought by E. Jean Carroll and other plaintiffs . In New York, Trump was ordered to pay $83 million in damages for defamation, and he was also found guilty of inflating the value of his business assets, earning him a $450 million fine. dollars.
Trump also faces legal action from U.S. Capitol Police officers and members of Congress for his role in inciting the attacks on the Capitol on January 6, 2021. Several officers were injured by the mob and are suing Trump for damages.
Although Trump may have some degree of immunity from criminal prosecution, that same protection does not exist for civil suits. In the past, civil plaintiffs have won damages from sitting presidents. In fact, during his first term, Trump was forced to pay a $2 million fine as part of a settlement for misusing Trump Foundation funds – a rare instance where a president had to face private financial sanctions during his term.
The question now is whether those civil cases will also be delayed by his return to the White House.
Legal questions will continue
What Trump has succeeded in doing is crafting a multi-faceted legal strategy that exploits the intersections of law and politics. He used his criminal and civil cases to fuel his political narrative, portraying himself as a victim of a partisan justice system. At every step, he delayed, appealed and deviated in ways no ordinary defendant could, turning his legal battles into campaign fodder.
Trump has benefited from a confluence of favorable rulings, from sympathetic justices to an increasingly conservative majority on the Supreme Court, including three justices he appointed. The high court’s recent ruling that presidents have broad immunity from criminal prosecution has given Trump an additional level of protection from the justice system.
But even with Trump’s massive legal shield, some questions remain. Will the lawsuits, particularly in Georgia, find a way to move forward after he leaves office? Will civil plaintiffs be able to compel him to pay damages once his term ends? Even if Trump succeeded in delaying accountability in the short term, his legal future beyond his presidency remains uncertain.
For now, Trump’s electoral victory allows him to escape the most pressing legal threats. The political system has once again proven to be both his greatest asset and his greatest protection, suggesting that, at least for the next four years, Trump will operate with relative impunity – protected by the position he he once occupied and now occupies with an equal degree of impunity. more important mandate.