Here’s what will happen to Trump’s court cases now that he’s president-elect

Donald Trump’s election victory on Tuesday night That likely means the president-elect is facing acquittal in the four criminal cases he faces, experts told The Post, as Justice Department officials reportedly moved to drop two federal cases against the former president on Wednesday. The step was taken.

Trump, 78, is facing two state cases and two federal cases – including one Was thrown out by South Florida federal judge and one in which he was historically blamed By Manhattan Jury.

according to nbc newsJustice Department officials are considering how to wrap up two cases brought against Trump by special counsel Jack Smith while he is out of office. The DOJ has a long-standing policy of not prosecuting a sitting president, and officials there reportedly knew it would be futile to pursue charges more than two months before Trump’s inauguration on January 20.

“Many legal scholars, including me, agree that it is almost certain that he will never see the inside of a prison cell,” Wayne Unger, an assistant professor of law at Quinnipiac University, told The Post.

Former prosecutor Nema Rahmani agreed, saying, “Now that Trump has won, his criminal problems go away.”

The 45th president was accused by Smith of attempting to unlawfully overturn his 2020 election loss in Washington, DC, including inciting the Capitol riot on January 6, 2021.

Smith also accused Trump of hoarding boxes of national security information at his Mar-a-Lago estate after leaving office and then lying about it when caught.

The Florida case was dismissed over the summer by federal Judge Eileen Cannon based on Smith’s Was unlawfully appointed by Attorney General Merrick GarlandSmith – who is also prosecuting the D.C. case – is attractive Cannon’s decision.

In the two federal cases, Trump could pardon himself after taking office — or direct the new attorney general to fire Smith and ask the Justice Department to drop both cases.

With that writing on the wall, Rahmani said, “Jack Smith should dismiss the cases himself,” as both indictments are “dead in the water.”

While no sitting president has ever pardoned himself before, “the pardon power has been interpreted as broad and inclusive,” Unger said, making it unlikely that any challenge to Trump granting a pardon himself would be possible. Will be successful.

In both the federal cases, as well as the Georgia case Trump accused of unlawful interference in the Peach State’s 2020 elections The result – “It is very well established that a sitting president cannot be prosecuted,” Rahmani said, adding that prosecutors were able to restart proceedings without violating the defendant’s constitutional right to a speedy trial “just four Can’t wait a year”.

Therefore, Rahmani theorized, Georgia’s case against Trump will join the federal cases on the legal ash heap.

The Georgia action, brought by Fulton County District Attorney Fani Willis, was interrupted Following the revelation that Willis had an affair with Nathan Wade, the top prosecutor on the case. Trump is appealing for Willis to be removed from his case and no hearing date has been set at this time.

Unger noted that Trump could also petition Georgia Republican Governor Brian Kemp or New York Democratic Governor Kathy Hochul to pardon him for state crimes.

Trump was convicted on May 30 of 34 counts of lying on business records to conceal the reimbursement of a $130,000 hush payment to porn star Stormy Daniels by his then-lawyer Michael Cohen.

The money, given to Daniels in the final days before the 2016 election, was meant to keep Daniels quiet about an alleged one-night-stand with Trump in the mid-2000s while married to his current wife, Melania. Was.

In that case, Judge Juan Merchan has said he plans to rule by Nov. 12 on whether the jury’s sentencing should take place in light of the U.S. Supreme Court’s decision from July. It was found that Trump had immunity From prosecution for “official” actions as President.

Trump’s The date of sentencing has currently been fixed for November 26. But his lawyers will likely ask for an adjournment or a stay of sentencing, Ungar said.

The professor explained, “His lawyers are probably going to argue that it is in the interest of the nation and his new role as the incoming President of the United States that these interests outweigh any conviction for a state crime or any Let’s cancel the punishment.”

Either way, Merchen is unlikely to give Trump a harsh sentence, Rahmani said, noting that the judge did not jail the future president-elect during the trial despite repeatedly violating the gag order.

Rahmani predicted, “Marchan doesn’t have the guts to put a former president or a president-elect in jail.” “Nor would it be appropriate for a defendant who has no criminal history to be convicted of a Class E felony, the least serious under New York law.”

New York Law School professor Anna Kominsky acknowledged that there are still many questions about what will happen to the state cases, since Trump does not have the authority to pardon himself from those 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 a pending state sentencing for an elected president looks like,” he said. “Right now, there is nothing stopping the New York sentencing from moving forward. “Of course, that doesn’t mean it won’t be delayed indefinitely.”

Additional reporting by Ben Coachman