The results of the 2024 US election will either be a big sigh of relief or a big problem for Republican presidential candidate Donald Trump. A victory for the former US president could lead to the dismissal of some of the most serious criminal charges against him, including federal cases.
The uncertainty hanging over the verdict in each of these charges – the New York secret money case, the classified documents case, and the election interference case – is also influenced by the US Supreme Court’s July decision on presidential immunity.
Karen Friedman Agnifilo, former head of the Manhattan District Attorney’s trial division, said, “If he wins, he will say goodbye to all criminal cases,” ABC News reported. Friedman suggested that the former US President’s victory in the elections would serve as a “get out of jail free card” for him.
New York hush money trial
In what was the first criminal case against a former or current US president, Trump was convicted of falsifying business records to conceal a $130,000 payment made to an adult film actress. stormy danielsThe money was meant to buy Daniels’ silence about a sexual encounter she claimed to have had with Trump a decade earlier, before her 2016 White House race.
However, the former US President maintained his stance on the matter by denying the encounter and vowing to appeal against the verdict.
Specifically, charges of falsifying business records carry a prison sentence of up to four years, although sentences of probation or a fine are more common. Sentencing in the hush money case – where Trump faces 34 felony charges – is scheduled to take place on November 26, just weeks after the November 5 presidential election.
Manhattan Judge Juan M. Merchan gave Trump a significant reprieve in September when he postponed sentencing in the hush money case until after the presidential election. Trump’s lawyers had requested the delay, citing several reasons, including the argument that punishing the former president and current GOP nominee during the height of the election campaign would be election interference.
According to ABC News report, most experts believed that jail sentence for Trump was not possible in this case. Citing a legal expert, the report suggested that if Trump wins the election, Judge Marchant could either impose a lighter sentence or delay the full sentence until Trump completes his term in office.
Trump’s federal cases
East US President faces two federal cases Brought by Justice Department Special Counsel Jack Smith. The first involves election interference in the 2020 White House race, and the second concerns the mishandling of classified documents.
Supreme Court decision
in July this year US Supreme Court Ruling that Trump was entitled to immunity from criminal prosecution for certain actions taken during the final stages of his presidency.
The top court issued a historic 6-3 decision overturning the results of the 2020 election, rejecting a February 2024 decision by a federal appeals court that had ruled that Trump was immune from prosecution for crimes related to his official acts. Cannot claim exemption from.
“Under our constitutional structure of separated powers, the nature of the presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his discretionary and precedential constitutional authority. And he is immune from prosecution for all his official acts. is entitled to at least presumptive immunity. There is no immunity for unauthorized acts,” the Supreme Court judgment read.
classified document case
Days after the ruling, US District Judge Eileen Cannon dismissed the classified documents case against Trump, ruling that the appointment of special counsel Jack Smith by Attorney General Merrick Garland was ‘unconstitutional’.
Notably, Cannon was appointed by Trump to the federal bench in South Florida in 2020.
In this case, Trump was accused of illegally possessing several classified documents after the completion of his tenure in the White House and conspiring to obstruct the government’s efforts to recover those files. These documents were recovered during a search of the former US President’s Mar-a-Lago property in August 2022.
After dismissing the case, Smith asked the appeals court to reinstate it, arguing that Judge Cannon’s decision on the special counsel “could jeopardize the long-standing operations of the Justice Department and the Executive. Hundreds of appointments at the branch could be called into question,” the ABC News report said.
Agnifilo was quoted as saying that if Trump wins, prosecutors will have no choice but to withdraw their appeal to reinstate the case.
2020 election interference case
The GOP nominee faces four federal charges for attempting to undermine the 2020 election results, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, attempted obstruction of an official proceeding and conspiracy to commit perjury. Is included.
Even in this case, Trump did not plead guilty and insisted that the charges were a political move.
The charges, brought by special counsel Smith, are currently on hold as Judge Tanya Chutkan determines the direction of the case in light of the Supreme Court’s presidential immunity ruling. Chutkan has reportedly set a delayed schedule for the case, which will proceed long after the US elections.
It is noteworthy that Trump had recently said that if he was elected, he would fire Smith within seconds. Speaking with conservative podcast host Hugh Hewitt, he said, “It’s that simple. I’d fire him within two seconds.”
Smith’s dismissal would likely mean the immediate end of two cases — overturning Trump’s 2020 election loss and mishandling classified documents.
The former US President also told Hewitt that he did not believe he would be impeached if he fired Jack Smith.
If Trump wins the election, his pledge to fire Smith will not be necessary. That’s because the Justice Department has a long-standing policy of barring prosecutions of sitting presidents, meaning all federal cases against Trump could be halted immediately following his victory in the White House race. Is.
“The impeachment or criminal prosecution of a sitting President would unconstitutionally impair the ability of the executive branch to perform its constitutionally assigned functions,” the policy on the DOJ’s website states.
Georgia election interference case
In another state case, which is beyond the DOJ’s jurisdiction, Trump is accused of illegally attempting to overturn the results of the 2020 election. Georgia,
However, the case has been stalled since June, as District Attorney Fani Willis – who brought the case – is fighting efforts to disqualify her after her relationship with a prosecutor on his team was discovered. Arguments on whether Willis can continue the case are scheduled for Dec. 6.
Meanwhile, Fulton County Superior Court Judge Scott McAfee, who is overseeing the Georgia election interference case, dropped two charges against the former president, saying they were beyond the state’s jurisdiction.
Earlier in March, the judge dismissed six counts of indictment, a decision also being challenged by prosecutors.
Trump’s defense lawyer, Steve Stadow, told Judge McAfee last December that if Trump wins the US election, the trial will likely have to wait until he completes his term in office.
*The Financial Times* quoted Georgetown Law professor Paul Butler as saying, “At this point, Trump has essentially won in all four cases.”
Rumors of Trump pardoning himself
There is speculation that Trump would pardon himself from the cases if he wins the race for the White House. Till now no American President has pardoned himself. *The Financial Times* reported that Trump had raised the idea during his first presidential term. However, if the Justice Department dismisses the cases against Trump, he would not have to pardon himself.
Read more about US elections 2024:
• catch ’em all News producer, detailed commentator and in-depth analysis of America. elections here,
• HT in America: Special coverage of US elections by Prashant Jha
US elections 2024
Due November 5th presidential election It will decide whether the future of the United States lies with Democrats’ Kamala Harris or Republican candidate Donald Trump. The winner will take charge of the White House for the next four years on January 20, 2025.
