Supreme Court may bail Trump out of jail: legal analyst

The Supreme Court could intervene to save the former president Donald Trump out of prison if he wins a second term in the White House on Tuesday, a prominent legal scholar said.

Professor David Driesen, professor of constitutional law at Syracuse University and author of The specter of dictatorship: judicial power over presidential powertold Newsweek that a Trump victory would be “game over for the two federal (criminal) cases” the former president was facing.

Trump was convicted in New York in May 34 felony counts of falsification Prosecutors allege he orchestrated the payment of hush money to a former adult film actress Stormy Daniels. Sentencing is currently scheduled for November 26, with Trump continuing to deny any wrongdoing and calling the case “corrupt.”

Trump has also been indicted in Georgia on 13 counts related to claims that he broke the law in attempting to overturn the outcome of the 2020 presidential election in the state, including violating the Racketeer Influenced and Corrupt Organizations (RICO) State Act. He has denied any wrongdoing.

At the federal levelTrump was indicted on four counts of illegally interfering with the 2020 election results in the lead-up to the January 6, 2021, riot at the US Capitol. Special Counsel Jack Smith reissued the indictment in September following a Supreme Court ruling in July granting the president broad immunity from prosecution for “official acts” while in office.

Trump was also charged with 40 criminal charges over claims he illegally retained classified documents after leaving the White House in 2021 and obstructed efforts to return them to relevant authorities. Subdistrict judge Aileen Kanon later dismissed the case on the grounds that Smith’s appointment as special prosecutor was unconstitutional, although this is being appealed.

Trump denied any wrongdoing in both the federal election interference and classified documents cases, claiming the charges against him were politically motivated.

Driesen spoken Newsweek about what could happen in Trump’s hush money case in New York if he gets a second term in the White House. He said: “Current law does not prohibit convicting Donald Trump for his private conduct or even putting him in prison.

“But the Supreme Court could invent a new law to keep Trump out of jail if the New York judge does so Juan Merchan sentences him to prison while in office,” he said. “The Supreme Court has already shown a willingness to protect Trump, especially when it granted him immunity from criminal prosecution for official misconduct in Trump v. United States.”

Driesen made the same argument for the Georgia case.

“Under current law, President Trump could be tried and imprisoned for election interference in the Georgia case. But as in the New York case, the Supreme Court could well intervene to keep Trump out of prison during his presidential term,” he said.

Newsweek On Tuesday, he reached out to Trump’s legal team and his presidential campaign via email for comment.

Trump appointed three Supreme Court justices during his presidency: Neil Gorsuch, Brett Kavanaugh And Amy Coney Barrett. Of the nine judges currently on the court, six were described by the BBC as ‘conservative’.

For cases involving federal election interference and classified documents, Driesen said if Trump is elected president again, he could likely torpedo the prosecutions completely.

“Donald Trump has said that if he is elected, he will fire Jac Smithand there is no reason to doubt that he would do so,” he said Newsweek. “The American political system has lost many of the checks and balances that existed before Trump was elected in 2016.

“Given the failure to impeach Trump for his role in the January 6 insurrection and the decision of virtually all members of Congress Republicans In support of him, it is highly unlikely that the abuse of power by firing Smith would lead to an attempt to impeach Trump, as was the case when former President Richard Nixon committed a similar offense.

“Existing law protects Smith from dismissal. I would expect the Supreme Court to overturn this Morrison vs. Olsonwhich maintains removal protections for independent prosecutors to protect Trump and allow arbitrary removal of the independent counsel.

However, Driesen argued that if Trump’s attempt to oust Smith failed, he would still be protected during his time as president.

“Even if Smith were to continue working in a Trump administration, in a hypothetical world where checks and balances functioned, he would still have to deal with the DOJ policy that prohibits the prosecution of a sitting president,” he said. “So Trump’s election would mean the end of the two federal cases against him, whichever way you look at it.”

IndividualTrump has been ordered to pay $454 million in damages in a civil case after a court in New York Arthur Engoron concluded that he had deceived banks, insurers and others for years by inflating his wealth with documents used to secure deals and loans.

Trump denied these allegations and is appealing the ruling. The amount due since then increased to $489 million because of interest.

Driesen suggested that if re-elected, Trump could try to pressure New York Attorney General Letitia James, who brought the case, although he questioned whether this would be successful.

“New York Attorney General Letitia James’ business fraud case against Donald Trump will continue even if he is elected. Trump’s appeal against the $454 million judgment against him is playing out in court. If he loses on appeal, Trump would have no legal basis to use the powers of the federal government to protect his company from the judgment,” Driesen said.

“But Trump has shown a willingness to violate norms and use the pulpit against political figures and business leaders who draw his ire. I would expect Trump to put the same pressure on James and on any court or company that becomes involved in efforts to do so. secure payment of the judgment.

“But the legal system is pretty resistant to that kind of pressure, so unless he wins on appeal, Trump will have to pay that huge judgment against him.”