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Trump’s re-election has major implications for criminal cases
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Trump’s re-election has major implications for criminal cases

In the months leading up to the 2024 presidential election, legal experts had made it clear that Donald Trump would have legal problems if he was elected to a second term in the White House. it would all evaporate.

On Monday, a judge in New York ruled in the hush money case against Trump – the only criminal case in which a jury returned a guilty verdict. postponed its decision on whether the conviction would be revoked In light of Trump’s victory About Vice President Kamala Harris.

Here’s a summary of where this case and others filed against the president-elect currently stand.

In May, Trump became the first former president to be convicted of a felony when a New York City jury found him guilty of 34 counts of falsifying business records to conceal a $130,000 payment to adult film actress Stormy Daniels.

Sentencing in that case was set for Nov. 26, but Trump’s lawyers argued that the conviction should be vacated given the Supreme Court’s July ruling that presidents are immune from prosecution for “official acts” committed while in office. Trump’s lawyers told the judge that the ruling should not be allowed to stand because Manhattan prosecutors filed a lawsuit using evidence obtained from Trump’s White House.

Judge Juan Merchan was scheduled to announce his decision on the Supreme Court’s immunity question on Tuesday, but postponed his decision until Nov. 19, citing Trump’s election victory.

Trump’s lawyers also argued that the conviction should be vacated “to prevent unconstitutional obstruction of President Trump’s ability to govern.”

Prosecutors in Manhattan District Attorney Alvin Bragg’s office agreed in an email to Merchan that “these are unprecedented circumstances,” and the judge asked them to suggest a path forward.

Even if Merchan allows Trump’s conviction to stand, this all certain He said that as a first-time offender and a re-elected president, he would not face prison time in the case.

In the final days of the 2024 election, Trump was asked if he planned to do this. Fire special counsel Jack Smith if re-elected.

“We have immunity in the Supreme Court. That’s very easy. I would fire him in two seconds. That’ll be one of the first issues to be addressed,” Trump told interviewer Hugh Hewitt.

Smith, appointed by Attorney General Merrick Garland, filed four felony charges against Trump stemming from his attempts to overturn his loss to Joe Biden in the 2020 presidential election. While the Supreme Court’s ruling on presidential immunity delayed the case, Smith reorganized his case and secured a second grand jury indictment designed to withstand another immunity challenge against Trump.

But last week, following Trump’s election victory, Smith filed a motion with Judge Tanya Chutkan, saying the government “respectfully requests that the Court vacate the remaining time on its pretrial schedule to allow the Government time to consider this unprecedented situation.” Chutkan agreed. This pause is seen as Smith’s first step towards ending the case against Trump.

As in the hush money case, the judge asked prosecutors to submit a status report “outlining the proposed course of action for this case.” Smith’s team now has until Dec. 2 to do so.

Once sworn in, Trump could order his attorney general to remove Smith from the case, but he could also ensure it never goes before a jury.

The other federal lawsuit filed by Smith against Trump relates to his seizure of classified documents after he left the White House in 2021. However, Trump-appointed Judge Aileen Cannon He dismissed the case in JulyIt found that Smith’s appointment by Garland was unconstitutional.

In August, Smith appealed Cannon’s decision “Congress gave the Attorney General not only the authority to appoint special counsels, but also the authority to decide how much independence to grant them,” the 11th Circuit wrote to the Court of Appeals.

However, with Trump coming back to power, Trump can easily eliminate this case.

“He could instruct the Department of Justice not to even bother appealing.” NBC News legal analyst Danny Cevallos told the network:“Federal lawsuits will disappear,” he adds.

Trump faces eight felony counts in a Georgia election interference case that includes his efforts to overturn his 2020 election defeat to Biden in the swing state. While four of Trump’s original 18 defendants have pleaded guilty in the case, the remaining 14 defendants, including Trump, may still go to trial.

But attorneys for the remaining defendants appealed Judge Scott McAfee’s decision allowing Fulton County District Attorney Fani Willis to continue prosecuting the case, further delaying the start of Trump’s trial. If efforts to remove Willis from the case are successful A new prosecutor may revisit the matterBut in a situation as complex as this, this is far from certain.

Trump’s lawyers also signaled that Trump’s election victory means they will ask the court to delay the case from going to trial until after he leaves office, and they will appeal the case again, as they did in the Jan. 6 case. Presidential immunity protects him from prosecution.

Does this mean Trump will never step foot in a Georgia courtroom on this matter? No. However, it seems that the probability of this happening in the next four years is almost non-existent.