Donald Trump’s return to the presidency could drastically impact current criminal prosecutions in various states, creating legal and political challenges.
At a Glance
- Special counsel Jack Smith has limited time to conclude cases against Trump before he assumes office.
- Justice Department policy prevents prosecuting a sitting president, complicating Smith’s options.
- Trump’s presidency might delay state cases in Georgia and New York until after his term.
- Political dynamics and DOJ policies may halt federal cases against Trump.
Challenges Facing Jack Smith
Special Counsel Jack Smith is confronting significant obstacles as he manages prosecutorial actions against Donald Trump. With Trump set to potentially retake the presidency, Smith has approximately 75 days to address his current cases, which include allegations of attempting to overturn the 2020 election and mishandling classified information.
The Department of Justice’s longstanding policy prohibiting the prosecution of a sitting president adds complexity. Smith’s decisions range from withdrawing charges or stepping down, to choosing to release a thorough report of his findings. Legal experts caution against pursuing the cases aggressively, suggesting instead that Smith should focus on completing the public record.
Donald Trump's US presidential election victory will essentially end the criminal cases brought against him, at least for the four years he occupies the White House https://t.co/NinjbSQINK pic.twitter.com/KX9YiS0eru
— Reuters Legal (@ReutersLegal) November 6, 2024
Implications of Presidential Immunity
Trump’s return offers potential legal immunity that could sideline ongoing prosecutions. The Supreme Court’s ruling on presidential immunity further enhances his position, making federal cases less likely to reach trial. Legal professionals anticipate that Trump’s reelection will directly affect the viability of ongoing proceedings.
The Justice Department memo cautions against pursuing a sitting president in court due to the potential impact on the executive branch’s functionality. This stand complicates any continued legal action, suggesting that Smith may ultimately refrain from brinksmanship and instead comply with existing DOJ policies.
Special counsel Jack Smith is expected to wind down his criminal case against President-elect Donald Trump for conspiring to overturn the results of the 2020 election, CBS News has learned. @MacFarlaneNews explains how Trump's victory impacts his criminal cases. pic.twitter.com/vaGSrYsq7W
— CBS Evening News (@CBSEveningNews) November 7, 2024
State-level Legal Strategies
Trump’s legal team plans to request delays in state prosecutions, particularly in Georgia and New York. His presidency may postpone these cases until his term concludes, using constitutional protections to sidestep immediate trials. His re-election thus presents a strategic advantage in minimizing legal threats, potentially compromising state-level actions not under federal jurisdiction.
“The answer to that is, I believe, that under the Supremacy Clause and his duties as president of the United States, this trial would not take place at all until after he left his term of office,” Steve Sadow, Trump’s attorney, replied.
The outcomes of these legal maneuvers remain uncertain; however, the interplay between Trump’s renewed presidential status and these proceedings will continue to shape the national conversation.
Sources
1. Trump’s biggest courtroom nemesis is looking for an exit strategy
2. Trump’s victory likely means curtains for criminal prosecutions
