Donald Trump: The results of the 2024 US election have brought a big relief to Republican presidential candidate Donald Trump. This victory may dismiss some serious criminal charges against Donald Trump, including federal cases.
Donald Trump faces serious charges like the New York hush money case, classified document case and election interference case. He was currently exempted from punishment in these cases.
According to an ABC News report, Karen Friedman Agnifilo, former head of the Manhattan District Attorney’s trial division, had said, “If he (Trump) wins, goodbye all criminal cases.” Friedman had also said that the former US President’s victory in the elections would act as a ‘get out of jail free card’ for him.
The New York hush money trial
was the first criminal case against a former or current US president, in which Trump was convicted of falsifying business records to hide a $130,000 payment to adult film actress Stormy Daniels. This money was given to Daniels to keep her quiet before the White House presidential election in 2016. Stormy Daniels had claimed that Trump had sexual relations with her about a decade ago. However, Trump denied any such allegations and maintained his stance on the case, vowing to appeal the verdict.
Specifically, Trump could be sentenced to up to four years in prison for falsifying business records. Trump faces 34 felony charges, the hearing of which is scheduled for November 26, a few weeks after the presidential election.
Manhattan Judge Juan M. Marchan granted Trump significant relief in September. He postponed sentencing in the hush money case until after the presidential election. Trump’s lawyers had requested a delay citing several reasons, including the argument that punishing the former president and current Republican candidate during the election campaign would interfere with the election.
According to the ABC News report, most experts believed that a prison sentence for Trump is unlikely in this case. Citing a legal expert, the report suggested that if Trump wins the election, Judge Marchen could either give a lighter sentence or delay the full sentence until Trump’s term is over.
Federal cases against Trump
Donald Trump is facing 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 relates to the mishandling of classified documents.
Supreme Court’s decision
In July this year, the US Supreme Court ruled that Trump was entitled to immunity from criminal prosecution for certain actions taken during the final phase of his presidency. The top court delivered a landmark 6-3 verdict in his favour, overturning a February 2024 decision of a federal appeals court that ruled Trump could not claim immunity from prosecution for crimes related to his official acts.
Classified documents case
A few days after the ruling, US District Judge Eileen Cannon dismissed the classified documents case against Trump. The ruling said that the appointment of special counsel Jack Smith by Attorney General Merrick Garland was ‘unconstitutional’. Notably, Cannon was appointed to the federal bench in South Florida by Trump in 2020.
In this case, Trump was accused of illegally retaining several classified documents after the completion of his tenure in the White House and conspiring to obstruct the government’s efforts to retrieve those files. These documents were recovered during a search of the former US President’s Mar-a-Lago property in August 2022.
After the case was dismissed, Smith asked the appeals court to reinstate it, arguing that Judge Cannon’s decision on the special counsel could jeopardize the Justice Department’s long-standing operations and call into question hundreds of appointments across the executive branch, ABC News reported. One report said that if Trump wins, prosecutors will have no choice but to withdraw their appeal to reinstate the case.
2020 Election Interference Case
Trump is facing four federal charges for undermining the 2020 election results, including conspiracy to defraud the United States, conspiracy to obstruct official proceedings, attempt to obstruct official proceedings, and conspiracy against the rights. In this case too, Trump has pleaded not guilty and insisted that the charges were a political move.
The charges brought by special counsel Smith are on hold for now as Judge Tanya determines the course of the case in light of the Supreme Court’s presidential immunity ruling. Tanya has reportedly set a delayed schedule for the case, which will proceed long after the US election.
It is worth noting that Trump recently said that if he was elected, he would fire Smith in a few seconds. Speaking with podcast host Hugh Hewitt, he said, “It’s very easy. I would fire him within two seconds.” Smith’s dismissal would likely mean the immediate end of two cases. Overturning Trump’s 2020 election defeat and mishandling classified documents. Trump also said that he does not believe he would be impeached if he removed 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. That means all federal cases against Trump could be halted immediately after his victory in the White House race. “Impeachment or criminal prosecution of a sitting President would unconstitutionally impair the Executive Branch’s ability to perform its constitutionally mandated functions,” the policy states on the Republican Party’s website.
Georgia election interference case
In another state case, Trump is accused of attempting to illegally overturn the results of the 2020 election in Georgia. However, the case has been on hold since June, as District Attorney Fani Willis – who brought the case – is fighting efforts to disqualify her after her team discovered her relationship with a prosecutor. Arguments on whether Willis can continue the case are scheduled for December 6.
Meanwhile, Fulton County Superior Court Judge Scott McAfee, who is overseeing the Georgia election interference case, dropped two charges against Trump, saying they were beyond the state’s jurisdiction. Earlier in March, the judge had dismissed six counts of the indictment. A decision is also being challenged by prosecutors.
Trump’s defense lawyer Steve Stadro told Judge McAfee last December that if Trump wins the US election, it is likely that the trial will have to wait until he completes his term. “At this point, Trump has won on all four counts,” The Financial Times quoted Georgetown Law professor Paul Butler as saying.
Speculation of Trump pardoning himself
There is speculation that Trump will pardon himself from the cases if he wins the White House race. However, no US president has ever pardoned himself. The Financial Times reported that Trump had raised this idea during his first presidential term. However, if the Justice Department dismisses the cases against Trump, he will not need to pardon himself.
