close
close

Ourladyoftheassumptionparish

Part – Newstatenabenn

    • How the election could shape Trump’s legal fate
    patheur

    How the election could shape Trump’s legal fate

    Sakege Posted on

    play

    WASHINGTON – Former President Donald Trump is involved in four criminal casesbut the most important verdict on his legal future may be issued on Election Day Tuesday. If he wins, all of his charges could be dropped or postponed for at least four years. If he loses, he will potentially face a quick sentencing in one case and trials in the other three.

    If Trump were not a candidate for president, his legal problems would be inevitable. It is currently scheduled to be sentenced Nov. 26 on 34 felony counts in his secret money case in New York. Two trials are coming − one in federal court in Washington, D.C. and one in Georgia state court − accused of trying to steal the 2020 election. In Florida, a Trump-appointed federal judge dismissed charges that Trump mishandled classified documents after leaving the White House. But that reprieve could be temporary, as prosecutors appealed the decision.

    Being elected president would give Trump an out because legal experts say serious action in the New York and Georgia cases would likely be postponed until after he serves his four-year term. Trump has said he would fire Justice Department special prosecutor Jack Smith in the two federal cases., and you could also try to forgive yourself.

    But if Trump loses, all of his cases can move forward, assuming he is not successful in his various legal tactics to delay and derail them, including his argument that he is protected by the July ruling of the Supreme Court creating broad presidential immunity from criminal charges.

    one october USA TODAY/Suffolk University Poll found that a 58% majority of likely voters think it would be “Bad” for Trump to run the Justice Department dismiss the federal charges against him. A similar 56% majority of respondents said prosecutors should continue pursuing criminal cases if they lose the election.

    A Trump campaign spokesperson did not respond to a request for comment.

    Here is where the cases are:

    Sentencing in New York hush money case looms Nov. 26

    Trump was convicted of falsifying business records to conceal a $130,000 payment to porn actress Stormy Daniels to silence her about an alleged sexual encounter before the 2016 election.

    Judge Juan Merchán will decide on November 12 whether Trump is immune from charges under the Supreme Court’s presidential immunity ruling. Trump has argued some evidence in the case. must be thrown out, along with the convictiondue to the decision of the high court.

    If Trump is not protected from conviction, Merchan set sentencing for Nov. 26.

    But a Trump victory could mean Merchán would postpone sentencing or punishment until his administration ends.. And even if convicted, a sentence that would significantly interfere with Trump’s presidential responsibilities, such as a prison sentence, likely could not be implemented, according to legal experts.

    a 2000 Department of Justice Memorandum that establishes federal policy maintains that it would be unconstitutional to imprison a sitting president because it would “prevent the executive branch from carrying out the functions assigned to it by the constitution.”

    “There’s a sense that they would follow the feds’ lead and therefore delay sentencing in the New York case until after his presidency was over,” Robert Weisberg, a Stanford law professor who teaches law and law, told USA TODAY. criminal proceedings. .

    An electoral defeat would leave Merchan sentencing the real estate magnate to anything from nothing at all to several years in prison.

    Trump could order the Justice Department to drop federal cases

    Trump has said he would fire U.S. Attorney Smith and possibly even jail him.

    “It’s very easy: I would fire him in two seconds.” Trump told radio host Hugh Hewitt on October 24 about Smith.

    Trump’s critics would see that as an attack on the historic independence of the Justice Department. Representative Adam Schiff, Democrat of California, presented a bill to prevent a president from dismissing criminal proceedings against him, but it is unlikely to be approved by the Republican-majority House of Representatives.

    “The rule of law is a fundamental foundation of our nation,” Schiff said in a statement. “No one, not even the president, is above him.”

    Trump has said Smith treated him unfairly.

    “They should jail deranged Jack Smith and his tax thugs, while Meritless Garland and Trump hate Lisa Monaco.” Trump said in a post on Truth Social in July 2023, referring to Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco. “They have totally weaponized the Department of Justice.”

    Garland has repeatedly denied Trump’s prosecutions They were politically motivated. “Justice Department prosecutors are nonpartisan,” he said. “They do not allow partisan considerations to play any role in their determinations.”

    Trump says he could forgive himself

    Article 2 of the Constitution states that the president “shall have power to grant pardons and pardons for offenses against the United States, except in cases of impeachment.” The power applies to federal cases.

    Trump has said he could pardon himself, but that remains a topic of legal debatewith experts from both sides.

    “As numerous jurists have stated, I have the absolute right to FORGIVE myself.” Trump said in a 2018 post on Xformerly known as Twitter.

    Where are the federal charges alleging Trump tried to steal the 2020 election?

    U.S. District Judge Tanya Chutkan is weighing whether to dismiss any of the charges against Trump accusing him of conspiring to steal the 2020 election.

    The Supreme Court ruled that former presidents are protected from prosecution for official acts, but are vulnerable to charges for private acts while in office.

    Trump and his lawyers argue that the entire case should be dismissed based on presidential immunity. But Smith has argued that Trump was acting for his private benefit. rather than the public duty of holding office when he attempted to reverse his 2020 election loss.

    Classified Documents Case Already Dismissed, But Appeal Could Be Dismissed

    In addition to firing Smith, Trump could order the Justice Department to drop its appeal of the dismissal of his other federal case, which accused him of hoarding classified documents at Mar-a-Lago after leaving the White House.

    US District Judge Aileen Cannon dismissed the charges by ruling that Smith’s appointment was illegitimate because the position was powerful enough to have required congressional clearance or Senate confirmation, like U.S. attorneys.

    Smith has asked the 11th United States Circuit Court of Appeals to reverse its decision. He cited federal laws authorizing the attorney general to appoint officials and numerous court decisions supporting special counsel appointments over the decades.

    The charges accuse Trump of illegally retaining more than 100 national security documents for a year and a half after leaving the White House. Trump, who has pleaded not guilty, has repeatedly argued that he was able to take records after leaving the White House and that he declassified them despite the lack of documentation for his assertion.

    Georgia charges loom even if federal charges are dismissed

    Trump’s trial in Georgia on election racketeering charges could be postponed under the Constitution’s supremacy clause if he regains the White House.

    If Trump loses the election, the Georgia Court of Appeals is scheduled to hear arguments on December 5 on Whether Fulton County District Attorney Fani Willis Should Be Removed of the case.

    Trump has argued that Willis should be impeached and charges dropped because her romantic relationship with another prosecutor, Nathan Wade, prompted her to pursue the case.

    The charges accuse Trump of conspiracy for urging state lawmakers to replace the state’s presidential electors with Republicans even though Democratic President Joe Biden won the state. Trump is also accused of asking a public official to violate his oath of office by asking Georgia Secretary of State Brad Raffensperger to “find” him enough votes to win.

    Trump has pleaded not guilty.

    Sakege
    View all posts

    You Might Also Like