What happens to Donald Trump’s criminal cases if he wins US presidential elections 2024
Legal analysts are of the opinion that securing victory in the presidential election could result in reduced penalties or the dropping of accusations lodged against Donald Trump.
The outcome of the 2024 United States election could spell either a major relief or a significant predicament for ex-President Donald Trump, the Republican nominee. A potential win for Trump might result in the dropping of several grave criminal allegations against him, including federal lawsuits.
The US Supreme Court’s July ruling on presidential immunity has cast a shadow of uncertainty over the outcomes of the New York hush money case, the classified documents case, and the election interference cases.
Formerly overseeing the trial division at the Manhattan District Attorney’s office, Karen Friedman Agnifilo warned that should the former US president emerge victorious, all criminal cases would likely be dismissed, as per ABC News. She indicated that his win in the election would essentially grant him immunity from prosecution, akin to a “get out of jail free card.
Trial Over Hush Money in New York
Trump was found guilty in the initial criminal case involving a former or sitting US president. The conviction was related to altering business documents to conceal a $130,000 payment to adult film star Stormy Daniels. This payment was intended to secure Daniels’ silence regarding an alleged intimate incident with Trump from ten years prior, just before the 2016 presidential election.
Notable is the fact that the offense of falsifying business records can result in a maximum prison term of four years, although it is more usual for probation or fines to be imposed. Sentencing for the hush money incident, in which Trump is charged with 34 felonies, is set for November 26, a few weeks following the presidential election on November 5.
In September, Manhattan Judge Juan M. Merchan provided substantial assistance to Trump by delaying the sentencing of the hush money case until after the presidential election. Trump’s legal team sought this extension, presenting various justifications, one of which highlighted the concern that penalizing a past president and the present GOP candidate in the midst of an election season could be seen as meddling in the election process.
As per a report from ABC News, the majority of specialists did not anticipate a prison term for Trump in this scenario. Quoting a legal authority, the report proposed that in the event of Trump’s election victory, Judge Merchan might opt for a reduced sentence or postpone the sentencing entirely until after Trump’s presidential tenure ends.
Federal Lawsuits Involving Trump
Facing two federal cases filed by Jack Smith, the special counsel of the Department of Justice, the ex-president of the United States is entangled in legal troubles. The first case pertains to allegations of election interference during the 2020 presidential race, while the second case revolves around the mishandling of classified documents.
Verdict by the Highest Court
During the month of July, the US Supreme Court declared that Trump had the right to immunity from legal prosecution for certain actions he undertook towards the end of his presidency.
In a groundbreaking 6-3 decision, the highest court reversed the results of the 2020 election by overturning a ruling from a federal appeals court in February 2024. This ruling denied Trump the ability to assert immunity from prosecution concerning crimes tied to his official duties.
The Supreme Court’s ruling stated that in our system of separated powers as per the constitution, a former President is granted absolute immunity from criminal prosecution for actions falling within his conclusive and preclusive constitutional authority. Additionally, he should receive at least presumptive immunity from prosecution for all his official acts but not for unofficial acts.
Case of Confidential Documents
Following the court’s decision, the case involving classified documents against Trump was dropped by US District Judge Aileen Cannon. The judge deemed Attorney General Merrick Garland’s assignment of special counsel Jack Smith as ‘unconstitutional’.
In a significant move, Cannon was selected by Trump to serve on the federal bench in South Florida in 2020.
Allegations were made against Trump for unlawfully holding onto multiple classified documents post his tenure at the White House and for allegedly scheming to impede the government’s endeavors to retrieve said files. The documents were eventually found during a raid on the ex-US president’s Mar-a-Lago property in August 2022.
Smith, after the case was dismissed, requested the appeals court to revive it, contending that Judge Cannon’s ruling on the special counsel could potentially disrupt the traditional functioning of the Justice Department and raise doubts about numerous appointments across the Executive Branch, as per a report by ABC News.
Agnifilo reportedly mentioned that in the event of Trump’s success, prosecutors would have to retract their appeal seeking to revive the case.
Case of Interference in the 2020 Election
The Republican candidate is currently confronted with four federal accusations related to subverting the outcomes of the 2020 election. These charges include conspiring to commit fraud against the United States, conspiring to impede an official process, attempting to obstruct an official process, and collusion against civil liberties.
Trump once again declared his innocence and maintained that the allegations against him were politically motivated.
Special counsel Smith has brought charges that are presently paused while Judge Tanya Chutkan establishes the path forward for the case following the Supreme Court’s decision on presidential immunity. Chutkan is said to have arranged a postponed timeline for the proceedings, ensuring they will continue well beyond the US election.
Trump recently made a notable statement indicating that if he were to be elected, he would swiftly dismiss Smith. During a conversation with conservative podcast host Hugh Hewitt, he confidently asserted, “It’s a simple task. I could terminate him in just two seconds.
Smith’s dismissal would probably signal the swift conclusion of both cases: the reversal of Trump’s loss in the 2020 election and the mismanagement of classified materials.
The ex-president mentioned to Hewitt that he was confident he wouldn’t face impeachment by dismissing Jack Smith.
Should Trump emerge victorious in the election, the need for him to carry out his promise of dismissing Smith may become obsolete. This is due to the Department of Justice’s established practice of prohibiting the indictment of a serving president, ensuring that any ongoing federal litigations against Trump could be put on hold promptly after he secures the win in the presidential contest.
As per the statement found on the DOJ’s website, it states that the act of indicting or criminally prosecuting a President currently in office would violate the Constitution by weakening the executive branch’s ability to carry out its designated duties.
Case of Interference in Georgia Elections
Trump is confronting legal repercussions in a separate state matter, exceeding the scope of the DOJ’s authority, for allegedly engaging in illegal actions to overturn the outcome of the 2020 election in Georgia.
Since June, there has been a pause in the case since District Attorney Fani Willis, the one who initiated the case, is facing challenges to her eligibility following the revelation of her connection with a prosecutor in her office. A hearing to determine if Willis can proceed with the case is set for December 6.
Judge Scott McAfee of the Fulton County Superior Court, presiding over the Georgia election interference case, recently dismissed two charges against the ex-president, citing that they fell outside the state’s jurisdiction.
In March, the judge made a decision to dismiss six charges from the indictment, a ruling that prosecutors are currently contesting.
In December of last year, during a court session with Judge McAfee, Steve Stadow, the defense attorney representing Trump, indicated that in the event of Trump’s victory in the US elections, a trial might be postponed until the conclusion of his term in office.
According to *The Financial Times*, Trump has effectively emerged victorious in all four instances, as noted by Georgetown Law professor Paul Butler.
Trump considering self-pardon rumors swirl
Speculation swirls around the possibility of Trump granting himself pardons in the event of a successful White House bid. To date, no sitting US president has availed themselves of this maneuver. Reports by *The Financial Times* indicated that Trump had broached this notion in his initial term in office. Yet, should the Justice Department choose to drop the cases against him, self-pardoning may prove unnecessary.
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2024 Presidential Elections in the United States
The upcoming presidential election scheduled for November 5 will decide whether Kamala Harris of the Democrats or the Republican candidate, Donald Trump, will shape the future of the United States. The victorious candidate will be inaugurated on January 20, 2025, and will lead the nation from the White House for the subsequent four years.
