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How Trump’s victory will affect his court cases
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How Trump’s victory will affect his court cases

Former President Donald Trump will retake the White House after defeating Vice President Kamala Harris.

With his victory, Trump will potentially be free of federal court cases that could have put him behind bars. However, state court cases in Georgia and New York could remain on the ballot.

“He’s going to order the two federal cases to be dismissed,” Alan Morrison, a law professor at George Washington University, told FOX Television Stations. “It’ll probably get them fired.”

Where are Trump’s court cases?

Federal Election Interference Case: Still Pending

Trump was charged in August 2023 by special counsel Jack Smith with conspiring to overturn the results of his election loss to President Joe Biden in the lead-up to the Jan. 6, 2021, riot at the U.S. Capitol.

RELATED: Why the Supreme Court’s mixed immunity ruling is still ‘a huge victory’ for Trump, expert explains

Prosecutors allege that Trump and his allies knowingly pushed lies about voter fraud to pressure state officials to overturn Biden’s victory, worked to recruit lists of fake electors in battleground states and pressured his vice president, Mike Pence. , to interrupt the ceremonial counting of electoral votes.

Prosecutors say Trump and his allies also attempted to exploit the pro-Trump mob attack on the Capitol by trying to convince members of Congress to further delay the certification of Biden’s victory.

Prosecutors detail news evidence against Trump in court documents, accusing the former president of resorting to “crimes to try to stay in office” after losing the 2020 election. The filing offers the most complete view yet of what prosecutors are seeking. test whether the case goes to trial.

Trump has said he would fire Smith if he were elected president “within two seconds” of taking office.

Classified documents

Smith also accused Trump in June 2023 of illegally withholding classified documents taken from the White House to Mar-a-Lago after he left office in January 2021, and then obstructing government demands to return them.

RELATED: New report details accusations against Trump in election interference: ‘He resorted to crimes’

The following month they indicted him on additional charges, accusing him of conspiring to ask an employee to delete surveillance video from the property and withholding a document, described by prosecutors as a Pentagon “attack plan,” that he allegedly had. shown to visitors to his golf club in New Jersey.

U.S. District Judge Aileen Cannon dismissed the entire case in July and issued a surprising opinion that said Smith had been illegally appointed as a special prosecutor and that his office was not adequately funded.

Smith’s team appealed that ruling to the Atlanta-based 11th U.S. Circuit Court of Appeals, where it is now pending.

Morrison said that if the case had continued and gone to trial, it would have been the biggest blow to Trump as he would have had a strong chance of ending up behind bars.

“The government routinely prosecutes people for much less serious security violations than Trump had,” he said.

Georgia election interference case

Even as president, Trump has no authority to stop proceedings in the Georgia election interference case, since it is a state case.

Trump and 18 others were charged in August by Fulton County District Attorney Fani Willis with participating in a scheme to illegally try to overturn his narrow loss to Democrat Joe Biden in the 2020 presidential election in Georgia.

The alleged scheme includes a long list of alleged acts, including Trump’s infamous January 2021 phone call to the Georgia secretary of state, an attempt to replace Georgia’s Democratic presidential electors with others who would vote for Trump, the harassment of a Fulton County election worker and the unauthorized copying of election equipment data and software.

Fulton County Superior Court Judge Scott McAfee has not yet set a date for Trump’s trial. The case against Trump is currently on hold while the former president files a pretrial appeal.

New York civil fraud case

As in the Georgia case, Trump’s role as president would not affect the civil proceedings in the case against him in New York.

He was ordered to pay a $454 million fine and failed in a civil lawsuit alleging that he lied about his wealth for years while building the real estate empire that brought him stardom and the White House.

Trump is appealing Judge Arthur Engoron’s Feb. 16 decision. The judge found that Trump, his company and executives, including his sons Eric and Donald Trump Jr., planned to boost his net worth with billions of dollars in financial statements given to banks, insurers and others to do business and obtain loans.

Trump denies wrongdoing. He condemned the verdict as “a weapon against a political opponent” and complained that he was being penalized for “having built a perfect company, a lot of money, big buildings, everything great.”