Donald Trump’s presidential victory sends shockwaves through the legal system, potentially derailing multiple criminal cases against him.
At a Glance
- Trump’s win could halt federal prosecutions and delay state cases
- Special counsel Jack Smith faces uncertain future and potential dismissal
- DOJ policy forbids prosecuting a sitting president
- Trump’s legal team plans to leverage presidential protections
- Legal experts predict significant delays in ongoing criminal cases
Trump’s Victory: A Game-Changer for Federal Cases
President-elect Donald Trump’s recent victory in the presidential election has dramatically altered the landscape of his ongoing legal battles. With his return to the White House, Trump is poised to leverage his position to potentially end federal prosecutions against him and significantly delay state-level cases.
Special counsel Jack Smith, who has been overseeing federal cases against Trump, now faces a ticking clock. With only 75 days before Trump potentially takes office, Smith must navigate a complex legal terrain that could see his role terminated and his cases effectively nullified. Trump has promised to fire Jack Smith “within two seconds” of taking office.
The DOJ’s Dilemma and Smith’s Limited Options
The Department of Justice’s long-standing policy prohibits the prosecution of a sitting president, placing Smith in a precarious position. As Trump has vowed to dismiss Smith upon taking office, the special counsel’s options appear limited.
Legal experts suggest that Smith may focus on completing the public record rather than aggressively pursuing cases. This could involve releasing a comprehensive report on the investigations, although such a move would face hurdles, including interagency reviews for classified information.
Donald Trump's US presidential election victory will essentially end the criminal cases brought against him, at least for the four years he occupies the White House https://t.co/NinjbSQINK pic.twitter.com/KX9YiS0eru
— Reuters Legal (@ReutersLegal) November 6, 2024
State Cases: Delays and Constitutional Questions
While federal cases fall under Trump’s potential control as president, state-level prosecutions in Georgia and New York present a different challenge. Trump’s legal team plans to request delays in these cases, arguing that his presidential duties should take precedence.
“Mr. Sadow, if your client does win the election in 2024, could he even be tried in 2025?” Georgia Judge Scott McAfee asked at a hearing last December.
Trump’s attorneys suggest that his presidency could effectively postpone state prosecutions until after his term ends in 2029, raising constitutional questions about the balance between state authority and presidential immunity.
“The answer to that is, I believe, that under the Supremacy Clause and his duties as president of the United States, this trial would not take place at all until after he left his term of office,” replied Steve Sadow, Trump’s attorney.
The Road Ahead: Legal and Political Implications
As the dust settles on Trump’s electoral victory, the legal community braces for unprecedented challenges. The intersection of presidential power and ongoing criminal proceedings promises to test the limits of constitutional law and the justice system.
“I am inclined to presume that Jack Smith is a smart enough guy to see the writing on the wall — and that he will not aggressively pursue advancing the cases … but may look for ways to complete the public record,” said veteran defense attorney Robert Kelner, a veteran defense attorney who represented former national security adviser Michael Flynn during the previous Trump administration.
With Trump’s return to the Oval Office seeming to provide a shield against prosecution, the focus now shifts to how these legal maneuvers will unfold and their broader impact on the American political landscape. As the nation watches, the coming months will likely see intense debates over the extent of presidential immunity and the future of accountability in the highest office of the land.
