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Donald Trump faces a legal cliff if he loses the election

Donald Trump faces a legal cliff if he loses the election

Former President Donald Trump will face serious legal trouble if he loses the presidential election, a legal analyst said Newsweek.

Greg Germain, a law professor at Syracuse University in New York, explained Newsweek that Trump must win the presidential election to refute the federal charges. Trump is being sued in federal courts for election fraud in Washington, DC

He was accused of hoarding classified documents in his Florida home, but judge Aileen Kanon dismissed the charges after ruling that the lead prosecutor, Jac Smithwas illegal under the Appointments Clause of the U.S. Constitution.

Smith is appealing Cannon’s decision. If he loses, the Justice Department could appoint an internal prosecutor to lead the case, thereby complying with Cannon’s ruling.

Donald Trump
Former President Donald Trump makes remarks while visiting a neighborhood hit by Hurricane Helene in Swannanoa, North Carolina, on October 21. Trump faces major legal challenges if he loses the presidential election.

Wim McNamee/Getty Images

“If Trump loses the election, he will be in serious jeopardy in the federal criminal cases, especially in the documents case if Judge Cannon’s appointments clause dismissal is reversed or corrected by the Justice Department after appeal,” Germain said.

If elected, Trump has a number of options to end the federal cases, including appointing a favorable attorney general to drop the charges or simply pardoning himself.

Trump was facing 40 federal charges in Cannon’s court his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach after he left the White House in January 2021. He was also accused of obstructing federal authorities’ efforts to retrieve them.

The Republican president The nominee has pleaded not guilty and said the case is part of a political witch hunt.

Newsweek requested email comments from Trump’s attorney and the Trump campaign on Thursday.

In the Washington DC case, Trump is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and attempted obstruction of an official proceeding, and conspiracy against rights in connection with an alleged pressure campaign on state officials to overturning the 2020 election results.

Trump has denied guilt on all charges and has repeatedly said he is the victim of a political witch hunt.

Trump also faces two cases in state courts.

Donald Trump's legal ruin if he loses the election
“If Trump loses the election, he will be in serious jeopardy in federal criminal cases,” law professor Greg Germain told Newsweek.

Photo illustration by Newsweek/Getty

In New York, he was convicted of filing fraudulent documents to conceal hush money payments to adult film stars Stormy Daniels. The trial evidence showed that Daniels was paid off so she wouldn’t reveal an alleged relationship with Trump in a Nevada hotel room.

He is also accused of election fraud in Georgia.

“The state’s non-criminal cases are likely to follow the same course whether he is elected or not,” Germain said.

However, the Justice Department has issued a written rule that presidents cannot be prosecuted while in office. That means both state cases will likely be postponed until after Trump leaves office.

Trump will be sentenced in the hush money case on November 26.

If Trump is elected on November 5, that sentencing will likely be postponed until he leaves the White House.