Donald Trump’s legal defense strategy of delaying his ongoing criminal cases until after the November 5 election has paid off: After his victory at the polls, it is likely that the four trials the president-elect will face will not will come to nothing when he takes office on January 20.
Democratic candidate Kamala Harris isn’t the only prosecutor Trump defeated in last Tuesday’s presidential election. Special prosecutor Jack Smith has his days numbered and just over two months to decide what to do with the two remaining federal cases against the next US president. In this country, you cannot prosecute a sitting president. Furthermore, Trump has already made it clear that he will fire Smith in “two seconds” upon taking office – and the new attorney general will likely drop charges against the mogul.
The two federal cases Smith has on the table are the classified documents found in Trump’s Mar-a-Lago mansion and the storming of the Capitol, which the former president allegedly incited after losing the 2020 election The first case has 42 counts, but it was long frozen after the judge in charge, Aileen M. Cannon, dismissed the charges against Trump, arguing that Smith was wrongly appointed special prosecutor. Smith appealed the decision and now must decide what to do with his appeal.
The second case, in which he is charged with four counts of trying to overturn the results of the 2020 election, was also stalled after the U.S. Supreme Court’s ruling on presidential immunity. The high court, with a conservative majority, recognized Trump’s partial immunity and caused a headache for the judges and prosecutors who try him: Trump enjoys immunity for acts falling within his “constitutional authority,” but not for those considered “non-officers”. Discerning where the presidential election ends and personal politics begins is what has crippled the matter.
The special prosecutor, in the spotlight
Smith managed to mobilize the judiciary again last August, accusing Trump of four other crimes that did not fall under presidential immunity. At the time, Trump called him “deranged.” All efforts by Smith to pursue these cases now face numerous obstacles and a deadline of January 20, 2025, when the accused is expected to return to command of the United States.
The special prosecutor could drop the charges himself or resign and let the current Justice Department dismiss them. The other option would be to continue the cases until Inauguration daywhen Trump takes office and orders his impeachment. Finally, if U.S. Attorney General Merrick Garland agrees, he could issue a full final report on the evidence against Trump. The details were never made public, as neither trial took place.
Hours after Trump was declared the winner of this week’s election, Smith began analyzing how to end the two federal lawsuits against the president-elect, sources close to him told the newspaper. Washington Post. This Friday, the special prosecutor asked the Washington court to suspend all filing deadlines in the federal case of the assault on the Capitol. In the document presented to this court, Smith states that the defendant “is expected to be certified as President-elect on January 6, 2025, and to take office on January 20, 2025.” Therefore, it asks the court to “waive the remaining deadlines” to allow time to “evaluate this unprecedented circumstance and determine the appropriate course of action consistent with Department of Justice policy.”
December 2 is the date he asked the Justice Department to submit “a status report or otherwise inform the court of the outcome of its deliberations.” The move is a clear sign that Smith is looking for a way to end the two lawsuits against Trump. Although, at this time, Smith has not made a similar request regarding the Mar-a-Lago classified documents case.
For now, Smith may not be so worried about this second case, but rather about his own fate. The president-elect had promised revenge on his enemies upon his return to the White House and Smith occupies a privileged place on the tycoon’s hit list. “Dear Jack Smith: Hire a lawyer,” warned Mike Davis, a Trump ally whose name is being discussed as a possible legal adviser in the new administration.
The first president convicted
On Tuesday evening, Trump made history by becoming the first US president to obtain a final criminal conviction while awaiting sentencing. Once again, Trump is pushing the limits of judicial power into uncharted territory. After being found guilty last May of all 34 criminal offenses in the corruption case of porn actress Stormy Daniels, Judge Juan M. Merchan had to pass sentence on Trump – found guilty of recording as “legal fees » payments made to the actress. with whom he had sexual relations so that she would remain silent and thus avoid a scandal that could influence the 2016 election campaign, which constituted a violation of the law on election financing. The maximum sentence Trump faces is four years in prison.
However, last September the judge decided to postpone the date of publication of this sentence until after the elections due to the possible influence it could have on the presidential elections last Tuesday. The New York judge wanted to avoid any doubt about a possible partisan use of the trial against Trump, who spent the entire campaign denouncing that he was the victim of political persecution, a slogan which served to further mobilize his supporters. . yours.
The new date for the announcement of the sentence has been set for November 26, even if we do not know exactly what will happen to the case. Before that day, Merchan had set November 12, next Tuesday, as the deadline to decide whether presidential immunity would apply. Some experts say it is likely that the judge will opt for a lighter sentence, not involving jail time, but rather probation with periodic visits to the court. The sentence could even be invalidated by the fact that defense lawyers doubt that a court could convict an elected president.
The Georgia case is the latest in Trump’s legal string. He accuses the former president and 19 other collaborators of 41 serious crimes for trying to interfere in the electoral results of the state of Georgia, where Joe Biden won the elections in 2020. For the moment, the case remains frozen while waiting to determine whether prosecutor Fani Willis is disqualified for romantic relationship with another prosecutor. Assuming Willis can pursue the case, he would most likely end up going down like the others because Trump is president again and therefore has immunity.
