How the election could determine Trump's legal fate

WASHINGTON – Former President Donald Trump is involved four criminal casesbut the most important verdict in his legal future can be pronounced Election day Tuesday. If he wins, all his charges could be dropped or deferred for at least four years. If he loses, he could face a quick conviction in one case and lawsuits in the other three.

If Trump were not a candidate for president, his legal troubles would be inevitable. It is currently on the schedule convicted on November 26 of 34 crimes in his hush money case in New York. Two trials lie ahead − one in federal court in Washington, DC, and one in state court in Georgia − on charges that he tried to steal the 2020 election. In Florida, a federal judge appointed by Trump Allegations that Trump mishandled classified documents were dismissed after leaving the White House. But that delay could be temporary as prosecutors appealed the decision.

If Trump is elected president, that would be a way out, as legal experts say serious action in the New York and Georgia cases will likely be postponed until after he completes his four-year term. Trump said he would shoot Justice Department special counsel Jack Smith in the two federal cases, and he could also try to forgive himself.

But if Trump loses, all of his cases could move forward — assuming he fails in his various legal attempts to delay and derail them, including his argument that he is protected by the Supreme Court ruling in July creating expanded presidential immunity from criminal prosecution.

One October USA TODAY/Suffolk University survey found that a majority of 58% of likely voters think it would “Wrong” for Trump to lead the Justice Department to dismiss the federal charges against him. A similar majority of 56% of respondents said prosecutors should continue pursuing criminal cases if he loses the election.

A Trump campaign spokesperson did not respond to a request for comment.

Here’s the deal:

The sentencing in the New York hush money case is expected on November 26

Trump was convicted of falsifying company data to conceal a $130,000 payment to porn actress Stormy Daniels to silence her about an alleged sexual encounter before the 2016 election.

Judge Juan Merchan will decide on November 12 whether Trump is immune from the charges under the Supreme Court’s presidential immunity ruling. Trump has presented some evidence in the case should be thrown out along with the convictionbecause of the Supreme Court ruling.

If Trump is not protected from conviction, Merchan will set sentencing for November 26.

But a Trump victory could mean Merchan would delay sentencing or punishment until after his administration is over. And even if the conviction were to proceed, a sentence that would significantly impede Trump’s presidential responsibilities, such as prison time, would likely not be enforceable, according to legal experts.

A 2000 Memo from the Ministry of Justice outlining federal policy, it argues that it would be unconstitutional to imprison a sitting president because it would “prevent the executive branch from carrying out its constitutionally assigned duties.”

“There’s a sense that they would follow the FBI’s standard and therefore delay sentencing in the New York case until after he ends his presidency,” Robert Weisberg, a law professor at Stanford who teaches criminal and procedural law, told USA TODAY. .

In the event of an election loss, Merchan could sentence the real estate magnate to anything nothing at all Unpleasant several years in prison.

Trump could order the Justice Department to drop federal cases

Trump has said he would fire federal prosecutor Smith and possibly even jail him.

“It’s so easy: I would fire him in two seconds,” Trump told radio host Hugh Hewitt on October 24 about Smith.

Critics of Trump would see this as an attack on the historic independence of the Justice Department. Rep. Adam Schiff, a Democrat from California, submitted a bill to prevent a president from dismissing criminal charges against himself, but is unlikely to pass the Republican-majority House of Representatives.

“The rule of law is a core foundation of our nation,” Schiff said in a statement. “No one, not even the president, is above that.”

Trump has said Smith treated him unfairly.

‘They should throw crazy Jack Smith and his thugs in jail while Meritless Garland and Trump hate Lisa Monaco’ Trump said this in a message on Truth Social in July 2023, citing Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco. “They have fully armed the Ministry of Injustice.”

Garland has repeatedly denied Trump’s charges were politically motivated. “Justice Department prosecutors are impartial,” he said. “They do not allow partisan considerations to play any role in their decisions.”

Trump claims he can pardon himself

Article 2 of the Constitution states that the president “shall have power to grant reprieves and pardons for crimes against the United States, except in cases of impeachment.” The authority applies to federal cases.

Trump has said he can pardon himself, but that remains the case subject of legal debatewith experts on both sides.

“As stated by countless legal scholars, I have the absolute right to GIVE myself.” Trump said in a 2018 post on Xformerly known as Twitter.

Where do the federal charges stand that Trump tried to steal the 2020 election?

U.S. District Judge Tanya Chutkan is considering whether to dismiss charges against Trump accusing him of conspiring to steal the 2020 election.

The Supreme Court ruled that former presidents are protected from prosecution for official actions but are vulnerable to charges for private actions while in office.

Trump and his lawyers believe the entire case should be dismissed on the basis of presidential immunity. But Smith has argued that Trump acted for his personal gain instead of the public duty to take office as he tried to reverse his 2020 election defeat.

The secret documents case has already been dismissed, but the appeal could be dismissed

In addition to firing Smith, Trump could order the Justice Department to abandon its appeal of the dismissal of his other federal case, which accused him of hoarding classified documents at Mar-a-Lago after he left the White House. had left home.

U.S. District Judge Aileen Cannon has denied the charges in ruling that Smith’s appointment was illegal because the post was powerful enough to require congressional approval or Senate confirmation, as U.S. attorneys do.

Smith asked for the 11^e US Circuit Court of Appeals overturned her decision. He cited federal laws authorizing the attorney general to appoint officials and numerous court rulings upholding the appointment of special counsel for decades.

The indictment accuses Trump of unlawfully retaining more than 100 national security documents for a year and a half after leaving the White House. Trump, who has pleaded not guilty, has argued repeatedly that he was able to take documents with him after leaving the White House and that he released them despite the lack of documentation for his claim.

Charges loom against Georgia even if federal charges are dismissed

Trump’s trial in Georgia on election racketeering charges could be postponed under the Constitution’s Supremacy Clause if he wins back the White House.

If Trump loses the election, the Georgia Court of Appeals will hear arguments on December 5 or Fulton County District Attorney Fani Willis should be removed out of the case.

Trump has argued that Willis should be removed and charges dropped because her romantic relationship with another accuser, Nathan Wade, pushed her to pursue the case.

The indictment accuses Trump of conspiracy for urging state lawmakers to replace the state’s presidential electors with Republicans, despite Democratic President Joe Biden winning the state. Trump is also accused of inciting a government official to violate his oath of office because he asked Georgian Secretary of State Brad Raffensperger to “find” him enough votes to win.

Trump has pleaded not guilty.