{"id":8299,"date":"2024-11-07T12:48:10","date_gmt":"2024-11-07T04:48:10","guid":{"rendered":"https:\/\/tingchao.xyz\/?p=8299"},"modified":"2024-11-07T12:49:24","modified_gmt":"2024-11-07T04:49:24","slug":"what-happens-to-trumps-criminal-and-civil-cases-now-that-hes-been-reelected","status":"publish","type":"post","link":"https:\/\/tingchao.xyz\/?p=8299","title":{"rendered":"What happens to Trump\u2019s criminal and civil cases now that he\u2019s been reelected"},"content":{"rendered":"\n

Donald Trump<\/a> has been reelected to the White House<\/a> as a convicted felon who is awaiting sentencing in his hush money case<\/a> in New York and still working to stave off prosecution in other state and federal cases<\/a>.<\/p>\n\n\n\n

It\u2019s an extraordinarily unique position for him to be in: Never before has a criminal defendant been elected to the nation\u2019s highest office, just as an ex-president had never been criminally charged until last year.<\/p>\n\n\n\n

Trump has said multiple times he plans to fire special counsel Jack Smith<\/a> and end the federal cases against him for trying to overturn the 2020 presidential election and mishandling classified documents.<\/p>\n\n\n\n

As of Wednesday, Smith is in active talks with Justice Department leadership about how to end the federal cases against Trump, a DOJ official familiar with the discussions told CNN.<\/p>\n\n\n\n

\u201cIt clearly paid off to aggressively push to delay these cases as long as possible,\u201d said Jessica Levinson, a constitutional law professor at Loyola Law School.<\/p>\n\n\n\n

In the meantime, a judge in New York is set to sentence the former president later this month after holding off on handing down the punishment ahead of Election Day to avoid any appearance of affecting the outcome of the presidential race \u2013 though Trump\u2019s lawyers are expected to ask the judge to put off the sentencing now that he\u2019s the president-elect.<\/p>\n\n\n\n

Trump has pleaded not guilty to all charges. Here\u2019s what to know about the four criminal cases:<\/p>\n\n\n\n

New York sentencing<\/h3>\n\n\n\n

Trump is scheduled to appear in a New York courtroom on November 26 to receive a sentence for his conviction earlier this year on 34 counts<\/a> of falsifying business records to cover up a hush money payment made during the 2016 campaign to adult-film star Stormy Daniels, who alleged a prior affair with the president-elect. (Trump denies the affair.)<\/p>\n\n\n\n

Whether that sentencing happens at all remains an open question.<\/p>\n\n\n\n

The Trump legal team is going to try to make sure the sentencing does not occur. In the past it has been focused on delaying proceedings in the case, but now it is going to try to get it canceled altogether, according to a source familiar with the strategy.<\/p>\n\n\n\n

Trump\u2019s attorneys are expected to enter a filing in the coming days arguing that as a president-elect, he is entitled to the same constitutional protections as a sitting president and should be protected from any action by state prosecutors.<\/p>\n\n\n\n

The filing is expected before Judge Juan Merchan<\/a>\u2019s self-imposed deadline of November 12 to decide whether to wipe away Trump\u2019s conviction because of the Supreme Court\u2019s decision this summer<\/a> granting a president some presidential immunity. If Merchan decides to wipe away the conviction, the charges would be dismissed, and Trump would not be sentenced.<\/p>\n\n\n\n

But if the judge decides to keep the conviction intact, the former president\u2019s lawyers are expected to ask Merchan to delay Trump\u2019s sentencing so they can appeal. And if that\u2019s not granted, his attorneys are planning to appeal the immunity decision to state appellate courts and potentially all the way to the US Supreme Court to ask the courts to delay Trump\u2019s sentencing until all appeals are exhausted, which could take months.<\/p>\n\n\n\n

Should Merchan move ahead with sentencing, Trump could be ordered to serve as much as four years of prison time, but the judge is not required to sentence the president-elect to prison, and he could impose a lesser sentence, such as probation, home confinement, community service or a fine.<\/p>\n\n\n\n

Any sentence, of course, will be complicated by the fact that Trump is set to take office on January 20, 2025. Trump\u2019s lawyers are likely to shape their appeals to raise constitutional issues challenging whether a state judge can sentence a president-elect, which could tie the case up in courts for years.<\/p>\n\n\n\n

Since it is a state case, Trump does not have the power to pardon himself next year after he is sworn into office.<\/p>\n\n\n\n

Federal cases in DC and Florida<\/h3>\n\n\n\n

Trump\u2019s election victory is poised to have the greatest impact on the two federal criminal cases brought against him by Smith in Washington, DC, and Florida.<\/p>\n\n\n\n

Since the cases were brought in 2023, Trump\u2019s main legal strategy has been to delay the trials until past the election so that, if elected, he could fire Smith, leading to the end of the two cases. In late October, the former president said<\/a> he would take such a step without hesitation.<\/p>\n\n\n\n

\u201cOh, it\u2019s so easy. It\u2019s so easy,\u201d Trump said when asked by conservative radio host Hugh Hewitt whether he would \u201cpardon yourself\u201d or \u201cfire Jack Smith\u201d if reelected.<\/p>\n\n\n\n

\u201cI would fire him within two seconds,\u201d Trump said.<\/p>\n\n\n\n

The discussions between Smith and DOJ leadership are expected to last several days.<\/p>\n\n\n\n

Justice Department officials are looking at options for how to wind down the two criminal cases while also complying with a 2020 memo from the department\u2019s Office of Legal Counsel about indictments or prosecutions of sitting presidents.<\/p>\n\n\n\n

More than a half-dozen people who are close to the special counsel\u2019s office or other top Justice Department officials previously told CNN they believe Smith doesn\u2019t want to close up shop before being ordered to do so or pushed out by Trump.<\/p>\n\n\n\n

Under federal law,<\/a> Smith must provide a confidential report on his office\u2019s work to the attorney general before he leaves the post.<\/p>\n\n\n\n

In the DC case, Smith charged Trump over his efforts to overturn his election loss in 2020. The case was stalled for months as Trump pressed federal courts to grant him presidential immunity, and in July the Supreme Court issued a historic ruling that said he had some immunity from criminal prosecution.<\/p>\n\n\n\n

The federal judge overseeing the trial has been deciding how much of Trump\u2019s conduct at the center of the case is shielded by immunity after prosecutors last month laid out their arguments for why the ruling should have no impact on the case.<\/p>\n\n\n\n

The charges brought by Smith against the president-elect in Florida accuse Trump of illegally taking classified documents from the White House and resisting the government\u2019s attempts to retrieve the materials. That case was thrown out in July<\/a> by Judge Aileen Cannon, but prosecutors have appealed<\/a> her ruling, which said that Attorney General Merrick Garland\u2019s appointment of Smith violated the Constitution.<\/p>\n\n\n\n

Georgia RICO case<\/h3>\n\n\n\n

The immediate fate of Trump\u2019s criminal case in Georgia largely hinges on whether Fulton County District Attorney Fani Willis, a Democrat, is disqualified from prosecuting the matter after her prior romantic relationship with a fellow prosecutor. But even if she is allowed to continue prosecuting Trump, the case would almost certainly imperiled now that he has been elected.<\/p>\n\n\n\n

The criminal charges again Trump<\/a> for attempting to overturn the 2020 presidential election results are effectively on hold while the appeals court decides whether to disqualify Willis, a decision that is not expected until 2025.<\/p>\n\n\n\n

\"\"
Trump’s motorcade arrives at the Fulton County jail in Atlanta, Georgia, on Thursday, August 24, 2023. – Will Lanzoni\/CNN<\/figcaption><\/figure>\n\n\n\n

If Willis is removed, sources told CNN they think it\u2019s unlikely another prosecutor will want to take up the case and it will effectively go away.<\/p>\n\n\n\n

Sources familiar with the case said it is unlikely that a state-level judge would allow proceedings to continue when Trump is president and, in that scenario, Trump\u2019s attorneys would certainly move to have the case dismissed.<\/p>\n\n\n\n

There is no clear answer as to whether a state-level prosecutor, like Willis, can prosecute a sitting president. Trump\u2019s victory now forces Willis to confront that constitutional question in addition to the existing legal issues that have already cast uncertainly over the Georgia case\u2019s future.<\/p>\n\n\n\n

Civil suits<\/h3>\n\n\n\n

The former president is also defending himself in a litany of civil lawsuits, including ones concerning his role<\/a> in the January 6, 2021, attack on the US Capitol, two E. Jean Carroll defamation cases<\/a>, and a civil fraud case<\/a> brought by the New York attorney general where Trump was ordered to pay nearly $454 million in damages.<\/p>\n\n\n\n

In September, state and federal appeals courts in New York heard arguments for two of Trump\u2019s civil appeals.<\/p>\n\n\n\n

Trump lost two defamation cases to Carroll in 2023 and 2024 in federal court after a jury found him liable for sexually abusing the onetime columnist and subsequently defaming her. Two juries awarded Carroll $5 million and $83 million.<\/p>\n\n\n\n

A federal appeals court heard Trump\u2019s appeal<\/a> to dismiss the first Carroll verdict in September. The court has yet to issue a decision.<\/p>\n\n\n\n

Later in the month, a state appeals court heard arguments in Trump\u2019s efforts to dismiss the $454 million civil fraud judgement against him, in which a judge found he, his adult sons and his company fraudulently inflated the value of Trump\u2019s assets to obtain better loan and insurance rates.<\/p>\n\n\n\n

The five-judge appeals court appeared open to at least lowering the fine levied against Trump, though it also has yet to issue a decision. That ruling can be appealed to New York\u2019s highest appellate court.<\/p>\n\n\n\n

Trump is also still facing civil lawsuits brought by Democratic lawmakers and others over his role in the January 6 Capitol attack.<\/p>\n\n\n\n

It\u2019s possible that all these cases continue to play out even as Trump serves his second term in the White House. In a 1997 Supreme Court ruling stemming from a civil lawsuit then-President Bill Clinton was involved in, the justices unanimously decided that sitting presidents could not invoke presidential immunity to avoid civil litigation while in office.<\/p>\n\n\n\n

CNN\u2019s Katelyn Polantz contributed to this report.<\/p>\n\n\n\n

<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Donald Trump has been reelected to the White House as a convicted felon who is awaiting sentencing in his hush money case in New York and still working to stave off prosecution in other state and federal cases. 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