After Trump's Return as President, What Happens to His Legal Cases

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Donald Trump's resounding victory in the 2024 U.S. presidential election has not only returned him to the White House but has also placed a temporary halt on a series of legal battles he faces. The former president is currently entangled in multiple high-profile federal and state cases, but his election victory may delay or even suspend certain legal proceedings, offering him a reprieve from looming criminal charges and the associated costs.

Special Counsel Jack Smith, who has been overseeing two significant federal cases against Trump, is reportedly in discussions with the Justice Department about the possibility of winding down the cases following Trump’s electoral win. The reports suggest this is being considered in light of the Justice Department’s longstanding policy that a sitting U.S. president cannot be indicted or criminally prosecuted.

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During his campaign against Vice President Kamala Harris, Trump had vowed to fire Smith “within two seconds” of assuming office. While the president does not have the direct authority to dismiss a special counsel, he could appoint a new attorney general who could take that step.

The two federal cases Trump faces are related to his attempts to overturn the results of the 2020 election and his handling of classified documents after leaving the White House. The election interference case is ongoing in Washington, though no trial date has been set. This case has become more complex following a Supreme Court ruling in July, which affirmed that a former president has broad immunity from criminal prosecution. Trump is accused of conspiracy to defraud the U.S. and conspiracy to obstruct an official proceeding, which refers to the violent January 6, 2021, attack on Congress by his supporters as they tried to block the certification of Joe Biden's election victory. Trump is also facing accusations of attempting to disenfranchise voters by promoting false claims that he won the election.

Regarding the documents case, Trump was initially charged with mishandling classified materials, but a federal judge in Florida, a Trump appointee, dismissed the case on the grounds that Smith's appointment was unlawful. The ruling has yet to be fully resolved, but it presents a significant hurdle for the prosecution.

Trump also faces legal challenges at the state level, specifically in New York and Georgia. In New York, he was convicted in May of 34 counts of falsifying business records related to a hush money payment made to adult film star Stormy Daniels ahead of the 2016 election. The payment was allegedly made to prevent Daniels from speaking out about an affair she claimed to have had with Trump in 2006. Trump was scheduled for sentencing in July, but his legal team requested that the conviction be overturned, citing the Supreme Court ruling that former presidents may have broad immunity from criminal prosecution. Judge Juan Merchan is expected to rule on this request on November 12, with sentencing scheduled for November 26. As a first-time offender, Trump is more likely to face a fine and probation rather than a prison sentence, although he could still receive a deferred sentence if incarceration is involved.

In Georgia, Trump faces racketeering charges over his efforts to influence the 2020 election results in the state. However, the case is expected to be put on hold while Trump serves as president due to the policy of not prosecuting a sitting president. The case has also been complicated by accusations of misconduct against Fulton County District Attorney Fani Willis, who is overseeing the case. Critics have raised concerns about her relationship with the special prosecutor she hired, further complicating the legal landscape.

As President Trump returns to the White House, his legal troubles are likely to face delays or adjustments, but they remain a significant aspect of his post-presidential legacy. The outcome of these cases will shape his political future and the broader legal landscape, especially as the nation navigates the intersection of legal accountability and presidential power.

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