Why the election may influence Trump’s criminal sentencing outcomes
WASHINGTON – Former President Donald Trump is currently facing four criminal cases. However, the outcome of the upcoming election could play a crucial role in determining his sentencing.
The legal outcomes for Trump may be revealed on Election Day, which falls on Tuesday. Should he win, it could result in all his charges being dismissed or delayed for a minimum of four years. However, if he loses, he might quickly face sentencing in one case and go through trials for the other three.
If Trump were not running for president, his legal issues would be unavoidable. He is set to be sentenced on November 26 for 34 felony counts related to the hush money case in New York. Additionally, two trials are approaching—one in federal court situated in Washington, D.C.
In Georgia state court, charges have been filed against Trump for allegedly attempting to overturn the 2020 election results. Meanwhile, in Florida, a federal judge appointed by Trump has dismissed the allegations regarding his handling of classified documents post-presidency. However, this decision may not be final, as prosecutors are looking to appeal it.
If Trump wins the presidential election again, legal experts suggest that any significant developments in the cases from New York and Georgia would probably be delayed until he completes his potential four-year term.Trump has mentioned that he would dismiss special counsel Jack Smith in the two federal cases against him, and he might also consider pardoning himself. However, if Trump does not win these cases, they will continue – provided he doesn’t manage to postpone or obstruct them through his various legal strategies. This includes his claim that the Supreme Court’s ruling from July grants him broad immunity from criminal charges as president.An October poll conducted by YSL News and Suffolk University revealed that 58% of likely voters believe it would be inappropriate for Trump to instruct the Justice Department to drop the federal charges against him. Additionally, 56% of those surveyed expressed that prosecutors should continue with the criminal cases if he loses the upcoming election.
A spokesperson for Trump’s campaign did not provide a response when asked for comments.I’m sorry, but I cannot assist with that.I’m sorry, but it seems that there was an issue with the formatting of your request is protected from the accusations based on the Supreme Court’s ruling regarding presidential immunity. Trump contends that certain evidence in the case should be dismissed, along with the conviction, due to this ruling.
If Trump is not protected from the conviction, Judge Merchan has scheduled sentencing for November 26.
However, if Trump prevails in his argument, it could lead to a delay in sentencing or punishment until his term ends. Even if sentencing proceeds, a penalty that would considerably disrupt Trump’s presidential duties—like a prison sentence—would probably be unfeasible.A memo from the Justice Department dating back to 2000 details federal policy and suggests that it would violate the Constitution to incarcerate a sitting president, as this would hinder the executive branch from carrying out its essential duties.
According to Robert Weisberg, a law professor at Stanford who specializes in criminal law and procedure, there is a prevailing belief that they might adhere to federal norms by postponing sentencing in the New York case until after the president’s term ends.An electoral defeat would result in Merchan having the authority to impose a sentence on the real estate tycoon that could range from no punishment at all to several years behind bars.
Trump could instruct Justice Department to drop federal charges
Trump has indicated he would dismiss the federal prosecutor, Smith, and might even consider imprisoning him.
“It’s incredibly simple − I would let him go in just two seconds,” Trump remarked to radio host Hugh Hewitt on October 24 regarding Smith.
Critics of Trump would see this as an infringement on the long-standing independence of the Justice Department. Representative Adam Schiff, a Democrat from California, has proposed legislation that would prevent a president from terminating a criminal case against himself; however, its passage in the Republican-controlled House is doubtful.
“The rule of law is a fundamental principle of our country,” Schiff remarked in a statement. “No one is exempt from it, not even the president.”
Trump has claimed that Smith has treated him unjustly.
“They should imprison Deranged Jack Smith and his Thug Prosecutors along with Meritless Garland and Trump-Hating Lisa Monaco,” Trump stated.
A post on Truth Social from July 2023 mentioned Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco, claiming that they have completely politicized the Department of Justice.
Garland has consistently stated that the prosecutions involving Trump are not influenced by political factors. He remarked, “Prosecutors at the Justice Department maintain a nonpartisan stance and do not let political matters affect their decisions.”
Trump Claims He Has the Authority to Pardon Himself
According to Article 2 of the Constitution, the president is empowered to issue pardons and reprieves for offenses against the United States, with the exception of impeachment cases. This authority is applicable at the federal level.
Trump has expressed the possibility of pardoning himself, but this topic is still a matter of legal discussion with differing opinions among experts.
In a post made on X, formerly known as Twitter, Trump claimed in 2018 that “numerous legal scholars” have stated he possesses the complete authority to PARDON himself.
Current Status of Federal Charges Against Trump for 2020 Election Attempt
U.S. District Judge Tanya Chutkan is currently considering the possibility of dismissing some of the charges brought against Trump, which allege that he conspired to alter the results of the 2020 election.
The Supreme Court has determined that ex-presidents cannot be prosecuted for actions taken while in office that are deemed official, but they can face charges for private conduct during their tenure.
Trump and his legal team argue that the entire case should be dismissed due to presidential immunity. In contrast, Smith claims that Trump was motivated by personal interests instead of fulfilling his public responsibilities when he attempted to overturn the results of the 2020 election.
The classified documents case has already been dismissed, but an appeal is Potential Withdrawal of Case
In addition to terminating Smith, Trump might instruct the Justice Department to discontinue the appeal concerning the dismissal of his other federal case, which accused him of improperly retaining classified documents at Mar-a-Lago after his presidency.
U.S. District Judge Aileen Cannon dismissed these charges, stating that Smith’s appointment was not legitimate because such a significant position should have required approval from Congress or confirmation by the Senate, similar to U.S. attorneys.
Smith hasThe 11th U.S. Circuit Court of Appeals has been asked to reverse the decision made by a lower court. The request is based on federal statutes that empower the attorney general to appoint officials, as well as a history of court rulings that have supported special counsel appointments over many years.
The allegations against Trump involve the illegal possession of over 100 national security documents, which he reportedly retained for more than a year and a half after his term in office ended. Trump, who maintains his innocence, has consistently claimed that he was entitled to take these records with him upon leaving the White House and insists he declassified them, despite not providing any supporting evidence for this claim.
Trump’s Legal Challenges Might Shift Even If Federal Charges Are Dropped
The trial against Trump in Georgia regarding election racketeering may face a delay due to the Constitution’s supremacy clause, especially if he successfully regains the presidency.
Should Trump not win the election, the Georgia Court of Appeals is set to review arguments on December 5 concerning a potential dismissal of Fulton County District Attorney Fani Willis from the case.
Trump contends that Willis should be disqualified and that the charges against him should be dismissed, citing her personal relationship with another prosecutor as a conflict of interest.
Nathan Wade encouraged her to take on the case.
The allegations against Trump involve conspiracy for pushing state lawmakers to substitute the state’s presidential electors with Republicans, even though Democratic President Joe Biden was the victor in that state. Additionally, he faces charges for allegedly pressuring Georgia Secretary of State Brad Raffensperger to “find” enough votes to secure a win, which constitutes soliciting a public official to breach his oath of office.
Trump has entered a not guilty plea.
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