November 6, 2024
Following former President Donald Trump’s projected election win, his path to sidestep federal criminal charges has become a near certainty, as his return to the White House enables him to halt proceedings in two pending federal cases. While Trump’s victory will impact the federal charges against him, his two state cases may only face delays rather than dismissals.
Key Federal Cases Likely to Be Dropped
Trump’s two federal criminal cases—the federal election interference case and the classified documents case—are poised to be dismissed once he takes office in January. As president, Trump holds the power to fire Special Counsel Jack Smith, who led both investigations, and can appoint a new attorney general willing to dismiss the federal charges.
- Federal Election Interference Case: Trump faces charges over alleged attempts to overturn the 2020 election results, with his trial initially scheduled for early 2024. Upon assuming office, Trump plans to replace the current Department of Justice leadership with officials who would end the federal case against him. The president-elect has publicly vowed to fire Smith “within two seconds” of taking office.
- Federal Documents Case: Trump’s alleged mishandling of classified documents was initially dismissed by U.S. District Judge Aileen Cannon, a Trump appointee. With his reelection, Trump’s administration is expected to drop the government’s appeal to reinstate the charges, effectively ending the case.
Delays in State-Level Convictions and Charges
While federal cases fall within the president’s jurisdiction, state cases are beyond Trump’s reach. However, his legal team is likely to seek delays that may prevent proceedings from advancing until after his term.
- New York Business Records Case: Trump was previously convicted on 34 felony counts in New York for allegedly falsifying business records, with sentencing scheduled for November 26. Despite his inability to dismiss or pardon himself in state cases, Trump’s legal team could delay sentencing until after he leaves office. Judge Juan Merchan, who oversees the New York case, is set to rule on November 12 whether the charges should stand, a decision that could impact how this case proceeds under Trump’s new administration.
- Georgia Election Interference Case: Trump faces charges in Georgia for alleged attempts to overturn the 2020 election results in Fulton County. The case has already been delayed as an appeals court decides whether to disqualify Fulton County District Attorney Fani Willis. Even if Willis continues with the case, Trump’s attorneys are expected to delay proceedings through legal maneuvers, potentially pushing any trial until after his presidency.
Civil Cases and Financial Penalties Remain Unaffected
Trump’s election does not affect his pending civil cases, which include high-profile defamation lawsuits and a civil fraud case. In Clinton v. Jones, the Supreme Court ruled that presidents are not immune from civil litigation regarding actions before taking office, meaning Trump will continue to face significant financial penalties:
- E. Jean Carroll Defamation Cases: Trump has been ordered to pay over $90 million in judgments to writer E. Jean Carroll after losing two defamation cases.
- Civil Fraud Case: Trump and the Trump Organization face substantial financial penalties in a civil fraud case. With judgments against him already exceeding $478 million, Trump’s company faces an uncertain future as he appeals.
Firing Special Counsel Jack Smith
Though only the attorney general can dismiss a special counsel, Trump is expected to appoint an attorney general who will execute his directive to fire Smith. This move raises potential legal challenges, as firing a special counsel independently could test the limits of executive power. However, legal experts suggest Trump would still have the authority to limit the scope of the DOJ’s investigations once he takes office.
Background and Legal Maneuvers
Trump’s criminal indictments mark the first time a sitting or former president has faced such charges. His legal team has been effective at stalling federal cases, with Trump appealing claims of presidential immunity to the Supreme Court and filing motions in the documents case to delay proceedings. While Trump’s New York case went to trial, sentencing was postponed, with Judge Merchan citing the need to avoid political bias as a reason for delay.
Key Court Decisions Ahead
The New York court will issue a ruling on November 12, which could set the tone for how Trump’s state conviction is managed under his new administration. Additionally, decisions in the appeals process for his civil fraud case and one of Carroll’s cases are expected soon, which could add new financial burdens.
A New Political Landscape
Trump’s victory has cast doubt on the long-term viability of state charges and federal cases. Judge Aileen Cannon, whom legal experts say has shown deference to Trump, may even be considered for the role of attorney general in the next administration, according to ABC News. This victory has not only altered the legal landscape but also signals a potential shift in how executive power might interact with the judiciary in Trump’s second term.
