PoliticsTrump wins presidency amidst legal battles and looming trials

Trump wins presidency amidst legal battles and looming trials

Donald Trump has won the presidential election in the United States while simultaneously facing an ongoing lawsuit accusing him of bribery. The 78-year-old is also trying to avoid charges in other state and federal cases, making this an unprecedented situation.

What about Trump's trials? "A unique situation"
What about Trump's trials? "A unique situation"
Images source: © PAP | PAP/EPA/CJ GUNTHER
Łukasz Kuczera

5:36 PM EST, November 6, 2024

CNN emphasizes that for Donald Trump, this is an "extremely extraordinary situation." Never before has someone accused of a crime been elected to the highest office in the country. Similarly, no former president has ever faced charges before.

What about Trump's trials? "Exceptional situation"

During the election campaign, Donald Trump repeatedly stated that he plans to dismiss prosecutor Jack Smith and end the investigation into his attempt to overturn the 2020 presidential election. This same prosecutor also accuses Trump of mishandling classified documents.

"As you can see, it definitely paid off to push to delay these matters as long as possible," said Jessica Levinson, a constitutional law professor at Loyola Law School, to CNN.

At the end of this month, a judge in New York is set to issue a verdict on the former president. The verdict concerning the falsification of documents to hide a bribe was supposed to be announced earlier, but those handling Trump's case decided to delay the process to avoid accusations of attempting to influence the outcome of the presidential race.

Trump is scheduled to appear in a New York court on November 26. However, CNN predicts that his lawyers will request a postponement of the verdict, considering that Trump has become the president-elect. The case involves pornographic film actress Stormy Daniels, to whom the Republican politician allegedly paid hush money over their affair.

It is unclear whether Judge Juan Merchan will issue a verdict at all. He has given himself until November 12 to decide whether to nullify the conviction due to another decision by the Supreme Court, which ruled in the summer that Trump, as a former president, holds some immunity.

If a verdict is issued, Trump's lawyers can appeal to the state appellate courts, potentially reaching the Supreme Court. The entire process could last for months, which might benefit the new occupant of the White House.

In the New York trial, Trump faces a potential sentence of up to four years in prison. However, Judge Merchan might be lenient, sentencing him to probation, house arrest, community service, or a fine. Since this is a state matter, Trump does not have the right to pardon himself after his inauguration in January 2025.

Trump's victory in the election will have a greater impact on two federal cases ongoing in the District of Columbia and Florida. Since they were filed in 2023, the politician has been doing everything possible to delay the proceedings.

One could expect that once in office, the newly elected president will fire prosecutor Jack Smith. "It's that simple. I'll fire him in two seconds," announced Donald Trump in October when asked by Hugh Hewitt whether he will "pardon himself." If this happens, the Department of Justice and the Attorney General could withdraw charges against Trump.

According to CNN, Smith does not intend to yield to Trump and is prepared for dismissal from his position.

Trump cannot avoid civil cases

The former president also faces several lawsuits in civil matters, including his role in the January 6, 2021, Capitol attack and defamation of Jean Carroll. The politician has already lost two cases to Carroll in 2023 and 2024, where juries found him responsible for sexual harassment and defamation. Two juries awarded Carroll $5 million and $83 million, respectively.

The federal appellate court has reviewed Trump's appeal in the first Carroll case but has not yet issued a decision.

At the end of the month, a state appellate court heard Trump's arguments concerning alleged fraud and the payment of $454 million. The president-elect, along with his family, allegedly inflated the value of their assets to secure loans and insurance on more favorable terms. CNN reports that the court is at least open to reducing the imposed penalty, but the final verdict has not yet been revealed. Trump has the right to appeal this decision to the highest appellate court in New York.

Each of these cases will continue even after Trump assumes the presidency. The Supreme Court previously ruled unanimously in 1997, based on a civil case against Bill Clinton at the time, that an incumbent head of state cannot claim immunity in civil matters.

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