Donald Trump's election victory on Tuesday night marked the end of four criminal charges facing the president-elect, as Justice Department officials reportedly moved Wednesday to close two federal lawsuits against the former president. That likely means he will be acquitted in the case, experts told the Post.
Trump, 78, is fighting two state and two federal lawsuits, one of which was thrown out by a federal judge in South Florida and the other historically found guilty by a jury in Manhattan. received the verdict.
According to NBC NewsJustice Department officials are considering how to scale back two cases brought against Trump during his tenure by special counsel Jack Smith. The Justice Department has a long-standing policy of not prosecuting sitting presidents, and officials said it would be futile to pursue charges in the more than two months leading up to Trump's inauguration (January 20). It is reported that they are aware that there is.
“Many legal scholars, including myself, agree that he almost certainly will never see the inside of a prison,” Wayne Unger, assistant professor of law at Quinnipiac University, told the Post. Ta.
Former prosecutor Neema Rahmani agreed, saying, “Trump won, so his criminal case is resolved.”
The 45th president was indicted by Smith in Washington, D.C., on charges of illegally trying to overturn his 2020 election loss, including inciting the Jan. 6, 2021, riot at the U.S. Capitol.
Smith also accused Trump of keeping boxes of national security information at his Mar-a-Lago mansion after he left office and of lying when he was arrested.
The Florida case was dismissed over the summer by federal Judge Eileen Cannon on the grounds that Smith was illegally appointed by Attorney General Merrick Garland. Smith, who is prosecuting the D.C. case, is appealing Cannon's ruling.
In the two federal lawsuits, President Trump could simply issue a pardon after taking office, or he could direct the new attorney general to fire Smith and direct the Justice Department to drop both matters.
“Jack Smith should dismiss the case himself,” Rahmani said, writing on the wall. That's because both indictments remain “floating in the water.”
No sitting president has ever granted a pardon, but “the pardon power is interpreted to be broad and comprehensive,” Unger said, meaning any challenge to Trump's self-pardon would be successful. He said it was unlikely.
In both federal lawsuits, as well as the Georgia lawsuit accusing Trump of illegally interfering with the 2020 election results in the Peach State, “it is well established that a sitting president cannot be prosecuted,” Rahmani said. said, adding that prosecutors “cannot prosecute.” Wait four years,” allowing the process to resume without violating the defendant’s constitutional right to a speedy trial.
Rahmani therefore theorized that Georgia's lawsuit against Trump will join the federal case on the legal ash heap.
The Georgia case brought by Fulton County District Attorney Fani Willis was halted after revelations that Willis had an affair with Nathan Wade, the top prosecutor on the case. Mr. Trump is seeking immunity from Mr. Willis' lawsuit, but no trial date has been set at this time.
Trump may also petition Georgia's Republican Governor Brian Kemp and New York's Democratic Governor Kathy Hochul for pardons for state crimes, Unger explained.
Trump was found guilty on May 30 of 34 counts of making false statements in business records to conceal a $130,000 hush-money payment to porn star Stormy Daniels from his then-lawyer Michael Cohen. received.
The money, which was given to Daniels in the final days before the 2016 election, was linked to an alleged one-night stand with Trump in the mid-2000s, when Daniels was married to his current wife, Melania. The payment was made to keep Mr. Daniels quiet about the matter.
In that case, Judge Juan Melchán weighed in on whether the jury's conviction was appropriate in light of a July U.S. Supreme Court ruling that found Trump immune from prosecution for “official” acts as president. He said he plans to make a ruling by April 12th.
Trump's sentence is currently scheduled to be handed down on Nov. 26, but Unger said his lawyers are likely to ask for a delay or a postponement of sentencing.
“His lawyers are likely to argue that it is in the interests of the nation and his new role as the next president of the United States to prioritize those interests over any sentencing or time served for state crimes,” he said. Explained.
In any case, it is unlikely that Marchan would sentence Trump to a heavy prison sentence, and Rahmani said the judge did not throw the president-elect in jail during the trial, despite repeated violations of the gag order. pointed out.
“Mr. Melchan does not have the stomach to imprison the former president or the next president,” Rahmani predicted. “It is also inappropriate for a defendant with no prior criminal history to be convicted of a Class E felony, the least serious offense under New York state law.”
Anna Kominsky, a professor at New York Law School, acknowledged that there are still many questions about how the state's case will play out, since President Trump does not have the power to pardon these charges.
“This is a historic moment for our country and our criminal legal system,” Kominsky said. “This is really uncharted territory.”
“We don't know what it's like for the next president to be sentenced by a state,” she added. “Right now, there is nothing to prevent the sentencing in New York from proceeding. Of course, that doesn't mean it won't be postponed indefinitely.”
Additional reporting by Ben Kochman
