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Trump's election victory is likely to upend criminal proceedings against him


Trump's election victory is likely to upend criminal proceedings against him

Donald Trump's projected victory on election night will likely lead him to a string of other court victories.

The presidential election will likely result in the federal criminal cases against him being dropped, while his state criminal cases could be frozen at least until after he leaves office.

Justice Department officials have already begun studying how to drop the two federal cases against Trump before he takes office to comply with the department's policy that a sitting president cannot be prosecuted, NBC News reported Wednesday, citing two people familiar with the matter.

Trump's legal team, meanwhile, is evaluating its next steps to resolve all four criminal cases and plans to soon argue that all cases “must be dismissed immediately,” according to a source directly involved in the discussions.

The presidency likely won't be able to protect Trump from the hundreds of millions of dollars in penalties he already faces from the various civil cases against him, but it could be a win for his defense against other cases still pending.

Trump has denied wrongdoing in all cases, calling them “witch hunts” that should be dismissed.

Trump campaign spokesman Steven Cheung said his victory “makes it abundantly clear that Americans want an immediate end to the weaponization of our justice system.”

Here's a look at the status of the various legal cases against Trump – and how they could be affected by his victory.

State criminal cases

Trump is scheduled to be sentenced Nov. 26 in New York after being convicted earlier this year of 34 felony counts of falsifying business records in connection with a 2016 hush money payment to adult film star Stormy Daniels.

If the verdict comes through, Judge Juan Mercan could potentially sentence Trump to prison. That would be immediately appealed, and Trump's lawyers could successfully argue that he could not remain in office until the end of his term because the Constitution prohibits the president from being restricted in the exercise of his official duties.

It is currently unclear whether there will be a conviction at all.

Trump's lawyers have a pending motion arguing that his conviction should be thrown out because of the Supreme Court's July ruling expanding presidential immunity.

They argue that some of the evidence presented to the grand jury and in the criminal trial should not have been admitted following the Supreme Court's ruling.

Merchan is scheduled to rule on that motion by Nov. 12, and he could decide to proceed with sentencing, dismiss the charges or order a retrial. A new trial would have to take place after Trump ends his term in 2029.

Trump is also awaiting a criminal trial in Georgia, where he faces state charges of conspiring to illegally overturn the results of the 2020 presidential election.

The sprawling case is on hold until at least December, when an appeals court will weigh whether to allow Fulton County District Attorney Fani Willis and her office to prosecute the case.

If she is removed, officials would have to find another prosecutor to take over the case, a lengthy process that could lead to a new prosecutor deciding to reduce or drop the charges.

Even if Willis moves forward, legal experts told NBC News she would face the same obstacle as New York prosecutors. Trump could only stand trial after his term in office expires. In the meantime, Willis would also have to overcome new legal hurdles arising from the immunity decision.

The hush money criminal case against former President Donald Trump
Donald Trump and Susan Necheles, his lawyer, in Manhattan criminal court on May 7.Win McNamee/Pool via Getty Images

Federal criminal cases

Trump is the subject of two criminal cases brought by special counsel Jack Smith – one involving federal charges of attempting to illegally overturn the 2020 election and the other of retaining classified documents after he left office and lying to the investigators.

Trump-appointed U.S. District Judge Aileen Cannon dismissed the documents case earlier this year after finding that Smith's appointment as special counsel was unlawful.

The Justice Department appealed the ruling, but the department is part of the executive branch over which Trump will resume control in January. “He can order the Justice Department not to even look into the appeal,” said NBC News legal analyst Danny Cevallos.

The election interference case was ongoing, but U.S. District Judge Tanya Chutkan had yet to set a trial date because the case was mired in arguments arising from the Supreme Court's immunity ruling.

Smith had moved forward with filings in both cases as if it were business as usual during the election period, but the two sources told NBC on Wednesday that that was no longer the case and that Justice Department officials saw no room or purpose for it see, she will continue to pursue one of the two criminal cases in the remaining weeks until he takes office.

The department's position stems from a 2000 memo from its own legal counsel that reiterated the Watergate-era conclusion that criminal prosecution of a sitting president would “improperly interfere, directly or formally, with the conduct of the presidency.” “.

The sources said it would be up to Smith to decide exactly how to resolve the charges.

“These cases are closed for all intents and purposes,” Cevallos said before reporting on the DOJ’s new position. “The federal cases will go away.”

Civil cases and judgments

The presidency could be beneficial to Trump's defense in a series of pending civil lawsuits related to his role in the attack on the US Capitol on January 6, 2021. Trump has argued that his actions are protected by presidential immunity and that he could use his new position to enlist the Justice Department in his defense.

He could also now argue that these cases should not be heard until after his criminal trial in Georgia because they cover similar topics and could affect his right against self-incrimination.

Trump's victory is unlikely to affect his pending appeals of the civil judgments against him, which total more than $550 million.

The president-elect is appealing the largest arbitration award, a $478 million verdict in a civil fraud case brought by New York Attorney General Letitia James. During arguments before the state's Appellate Division in September, three members of the five-judge panel said they thought the award was too high. It is unclear when the panel will decide.

In a news conference Wednesday, James said her office had been preparing for Trump's possible re-election for “several months.”

“We’ve been here before, we’ve faced this challenge before,” she said. “And we used the rule of law to fight back. And we are ready to fight back again.”

Trump is also appealing two jury awards totaling about $88 million that he must pay to writer E. Jean Carroll. She filed two lawsuits against Trump, one for alleged sexual assault on her in the 1990s and for defamation, another for defamation during his term as president.

The appeals court is expected to rule on the sexual assault case first, but it is unclear when that will happen.

One case his new office likely wouldn't be able to protect him from is a defamation lawsuit filed against him last month by members of the so-called Central Park Five, now calling themselves the “Exonerated Five.”

The five are suing Trump over false claims he made about them during the presidential debate in September.

A 1997 Supreme Court decision found that presidents are not immune from civil lawsuits unrelated to their time in office.

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