Donald Trump raises his fist as he approaches the courtroom following the commencement of deliberations in his criminal trial at Manhattan Criminal Court in New York City on May 29, 2024.
Donald Trump's victory in the US presidential election on Wednesday will effectively bring an end to the criminal cases against him, at least for the duration of his four-year term in the White House. The first former US president to face criminal charges, Trump has been embroiled in four concurrent prosecutions this year, stemming from allegations including his attempt to conceal a hush money payment to porn star Stormy Daniels during his 2016 campaign and his efforts to overturn his 2020 election loss. A New York jury in May found him guilty of falsifying business records related to the Daniels payment, making him the first former US president convicted of a felony.
Trump, a Republican, stated in an October 24 interview that he would dismiss US Special Counsel Jack Smith—who led the federal prosecutions regarding his attempts to overturn the election and retention of classified documents after leaving office—"within two seconds" of being sworn in. Trump has pleaded not guilty to all charges and has characterized the prosecutions as politically motivated.
"The American people have heard these Democrat prosecutors' cases against President Trump and they're still going to elect him anyway," said Mike Davis, founder of the Article III Project, a conservative legal advocacy group. While Trump as president will have the power to fire Smith and halt the federal cases against him, he will not have the same authority over the New York hush money case or Georgia's prosecution for attempting to overturn his 2020 loss in that state. However, his unique position as president makes it unlikely he will face legal repercussions in either case during his term.
"He was properly charged with crimes within the system we have," said Kristy Parker, special counsel at Protect Democracy, an organization dedicated to countering what it calls authoritarian threats to the US. Parker noted that if Trump does shut down the cases, "that won't mean it was the right thing."
One more court date is scheduled before his inauguration on January 20, though legal experts anticipate it will not proceed. In New York, Trump’s lawyers are expected to request Justice Juan Merchan to postpone his sentencing, currently set for November 26, which could result in up to four years in prison. Sentencing a president-elect before Inauguration Day would be unprecedented in US history, and legal experts predict the hearing will be delayed.
Merchan has already twice postponed Trump's sentencing, initially scheduled for July 11, partly due to a July US Supreme Court ruling that found presidents have broad immunity from prosecution over their official acts. Trump argues the case should be dismissed based on this ruling, a position disputed by prosecutors. Trump has vowed to appeal his conviction once sentenced. Separately, his lawyers have petitioned the 2nd US Circuit Court of Appeals to transfer the case to federal court, which, if successful, could create new legal hurdles for the case.
Trump faces four charges in federal court in Washington, accusing him of spreading false claims of election fraud to obstruct the collection and certification of votes following the 2020 election, which he lost to Democrat Joe Biden. Smith also charged Trump with unlawfully holding onto classified documents after his first term ended in 2021 and obstructing government efforts to retrieve the records. Florida-based US District Judge Aileen Cannon, nominated to the bench by Trump, dismissed all charges in July after determining that Smith was improperly appointed and lacked the authority to bring the case. Smith’s team is appealing the ruling, but Trump's pledge to fire Smith upon taking office likely signals the end of the case.
Prosecutors in Fulton County, Georgia, last year used state racketeering laws—developed to combat organized crime—to charge Trump in an alleged conspiracy to reverse his defeat in the battleground state in the 2020 election. Trump will not be able to halt the prosecution, but his lawyer has stated in court that he will seek to pause any activity related to Trump based on the argument that a president should not be burdened with a criminal prosecution while in office.
Trump and eight of his 14 co-defendants in the case are asking a Georgia appeals court to disqualify the lead prosecutor, Fulton County District Attorney Fani Willis, over alleged misconduct stemming from a romantic relationship she had with a former deputy. Oral arguments are scheduled for December 5. If this effort fails, the case will proceed against the other co-defendants, including Trump’s former personal lawyer Rudy Giuliani and White House chief-of-staff Mark Meadows. However, legal experts expect the case against Trump will not advance while he remains in the White House.
Source link: https://www.khaleejtimes.com
