Donald Trump’s claimed victory in the presidential election on Wednesday is set to halt the criminal cases against him, at least for the duration of his four-year term in the White House.

As the first former U.S. president to be charged with criminal offenses, Trump has faced four separate prosecutions this year. These cases range from allegations of a hush money cover-up involving adult film star Stormy Daniels during his 2016 campaign to his efforts to reverse the 2020 election outcome. In May, a New York jury found him guilty of falsifying business records in connection with the Daniels case, making him the first former president convicted of a felony.

In an interview on Oct. 24, Trump, a Republican, stated he would promptly dismiss U.S. special counsel Jack Smith—who handled the federal cases involving Trump’s election-related actions and retention of classified documents—saying he’d do so “within two seconds” of taking office.

Trump has denied all charges, describing 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 group.

While Trump would have the authority as president to dismiss Smith and close the federal cases, he would lack similar power over the New York hush money case and the Georgia prosecution regarding his 2020 election actions in that state. However, the unique legal immunity of the presidency makes it improbable he will face consequences in either case during his term.

“He was properly charged with crimes within the system we have,” commented Kristy Parker, special counsel at Protect Democracy, an advocacy group focused on countering authoritarianism. Parker added that halting the cases “won’t mean it was the right thing.”

One court date remains scheduled before Trump’s swearing-in on Jan. 20, although experts believe it is unlikely to proceed.

New York Case

In New York, Trump’s legal team plans to ask Justice Juan Merchan to postpone his sentencing, currently slated for Nov. 26. Trump could face a sentence of up to four years. Sentencing a president-elect prior to Inauguration Day would be a historic first, and experts anticipate the hearing will be delayed.

Merchan has already twice postponed Trump’s sentencing, initially scheduled for July 11, partly due to a July Supreme Court ruling that grants presidents broad immunity from prosecution for official acts. Trump argues the case should be dismissed based on this ruling, a position contested by prosecutors.

Trump intends to appeal his conviction after sentencing. His legal team has also appealed to the 2nd U.S. Circuit Court of Appeals to shift the case to federal court, which could introduce further legal hurdles.

Federal Cases

Trump is also facing four charges in federal court in Washington related to alleged attempts to hinder the certification of votes after the 2020 election, which he lost to Democrat Joe Biden, by spreading false claims of election fraud.

Smith additionally charged Trump with unlawfully retaining classified documents after leaving office in 2021 and obstructing government efforts to retrieve them.

In July, Florida-based U.S. District Judge Aileen Cannon, a Trump appointee, dismissed all charges after ruling that Smith’s appointment to the case was improper and lacked legal authority.

Smith’s team is appealing this decision, though Trump’s stated plan to fire Smith upon taking office likely signals the end of this case.

Georgia Case

Prosecutors in Fulton County, Georgia, charged Trump last year under state racketeering laws, accusing him of conspiring to overturn his 2020 election loss in the battleground state.

While Trump cannot directly halt the Georgia prosecution, his legal team has indicated they will argue that a sitting president should not be subject to criminal prosecution during their term.

Trump and eight of his 14 co-defendants in the Georgia case are asking a state appeals court to remove Fulton County District Attorney Fani Willis from the case, citing alleged misconduct due to a romantic relationship she had with a former deputy. Oral arguments for this motion are set for Dec. 5.

If this disqualification effort fails, the case will proceed against other co-defendants, including Trump’s former attorney Rudy Giuliani and former White House chief of staff Mark Meadows. However, legal experts believe the case against Trump himself will be stalled as long as he holds the presidency.

{Matzav.com}