Donald Trump is the first convicted felon to be president of the United States and his re-election could thwart further criminal cases against him
Donald Trump still faces a raft of criminal and civil matters despite winning a second term in office.
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President-elect Donald Trump's audacious comeback to the White House has been history-making in more ways than one.
The former president returns to the top job as the oldest commander-in-chief in the record books, the second man to win non-consecutive terms in office, and as the first convicted felon to ever win a presidential election.
It's that last point that feels particularly poignant in the aftermath of the decisive victory delivered on November 5.
Because Trump is facing a raft of legal battles, ranging from allegations of fraud to the mishandling of classified documents and very serious charges of attempting to overturn the 2020 election.
But his victory in one of the most widely watched elections of all time now offers him a pathway to avoid accountability for his alleged crimes.
It has been a longstanding policy of the Department of Justice (DOJ) that sitting presidents cannot be prosecuted, partly because it would interfere with their ability to perform their constitutional abilities.
Special counsel Jack Smith is now evaluating how to wind down the two federal cases against Trump — one relating to classified documents and the other on overturning the 2020 election — before the president-elect takes office.
Smith is likely aware that he could lose his job once the former president is installed in the Oval Office.
When Trump was asked by conservative radio host Hugh Hewitt whether he would "pardon yourself" or "fire Jack Smith" if re-elected, the Republican replied: "I would fire him within two seconds."
The slowing down of the two federal cases against Trump would allow the president-elect to enter the White House without the threat of felony convictions or prison sentences hanging over his head.
His ascension to the highest office in the land may also complicate some of the civil cases against him, though his new title does not protect him from these suits.
Here's where the array of court cases against Trump in each state stand and what his victory will likely mean for these legal battles.
The Stormy Daniels sentencing in New York
Trump's most pressing legal issues lie in his hometown of New York.
Back in May — which admittedly feels like it was 1,000 years ago — Trump was convicted on 34 counts of falsifying business records.
They relate to efforts to cover up an affair with adult film actress Stormy Daniels, a claim Trump denies.
When Stormy Daniels testified, a photo of her and Donald Trump from their first meeting was displayed on a monitor.
Sentencing was initially scheduled for July 11, but it was delayed until November 26 when Trump's legal team successfully argued it would interfere with the election campaign.
"This matter is one that stands alone, in a unique place in this nation's history," Justice Juan Merchan wrote in his decision.
"We are now at a place in time that is fraught with complexities rendering the requirements of a sentencing hearing, should one be necessary, difficult to execute."
So what happens now?
While he could be sentenced to jail time due to the nature of his felony convictions, he could also face home confinement, community service and some stiff fines.
But Trump's legal team is likely to press for another delay — potentially for up to four years until his second term of office ends.
There's also a chance the case gets dropped altogether due to a Supreme Court ruling earlier this year that grants presidents broad immunity for "core activity" in office.
Trump was found guilty on 34 counts of falsifying business records in a New York courtroom in May.
Trump's legal team has argued that much of the evidence used in the hush money trial should be thrown out since the Supreme Court expanded the scope of presidential immunity.
Justice Merchan said he will make a decision on that by November 12.
If he tosses out the case, Trump will no longer be a convicted felon.
Two federal cases in Washington DC and Florida
The greatest impact of Trump's election victory will likely be on the two federal cases brought against him by Mr Smith in the nation's capital and the former president's heartland of Florida.
The prosecutor has spent years building a case to convict Trump over his efforts to overturn his election loss in 2020, which culminated in the insurrection on January 6, 2021.
The former president was charged with four counts, including obstruction of an official proceeding, conspiracy to obstruct an official proceeding, conspiracy to defraud the US, and conspiracy to prevent others from carrying out their constitutional rights.
Donald Trump's return to the White House will likely mean he will evade some of his upcoming court battles.
But the case, which was centred in Washington DC where the insurrection on the Capitol took place, stalled earlier this year as the court considered Trump's argument that he had presidential immunity.
In July, the Supreme Court found former presidents did have significant protection from criminal prosecution, delivering a huge blow to the DC case and delaying the trial until after the election.
America's highest court sent the matter back to US District Judge Tanya Chutkan to determine what elements of the case could move forward to trial.
Last month, Mr Smith's legal team alleged in a 165-page brief that the insurrection actions were taken in Trump's private capacity as a candidate, and therefore can remain part of the case.
Trump's lawyers were also due to submit their response later this month but the case is now under a cloud due to reports Mr Smith is in negotiations to end his two prosecutions.
The talks would also impact other charges brought by Mr Smith against the president-elect, which accuse Trump of illegally taking classified documents from the White House and resisting the government's attempts to retrieve the materials.
US Special Counsel Jack Smith is reportedly in talks with the Justice Department to wind back the two federal cases against Trump.
It has been dubbed the Florida case, since Trump kept the documents at his Mar-a-Lago property, and has been held up since July when a Trump-appointed judge, Aileen Cannon, dismissed it on the grounds that Mr Smith was illegally appointed.
She claimed his nomination was unconstitutional because he was not appointed by the president or confirmed by Congress.
Prosecutors were appealing her ruling, though it is now unclear whether this will go ahead.
Multiple US media outlets are reporting that Mr Smith is in active talks with senior leadership at the DOJ to dismiss both cases, with no firm details yet on how this will be done.
It's expected the discussions will last several days.
A criminal trial in Georgia
Trump is also awaiting a criminal trial in the state of Georgia, where he's facing state charges for conspiring to illegally overturn the results of the 2020 presidential election.
But that case has been mired in controversy and has effectively been on hold for months.
Earlier this year, it was revealed that Fulton County District Attorney Fani Willis has been engaged in a secret relationship with Nathan Wade, the special prosecutor she hired to assist in her investigation.
The Georgia case against Trump was thrown into dissaray when Fani Willis and Nathan Wade confirmed they are in a romantic relationship.
Trump's legal team has argued she should be disqualified from pursuing the case against him, something a Georgia appeals court is expected to decide in early December.
If Willis is removed, it would mean Georgia officials have to find another prosecutor to take up the case.
But whether it's Willis or someone else, it's likely that this case would also be delayed until Trump is no longer in office.
And in case you're wondering, Trump would not have the power to pardon himself, or his 18 alleged co-conspirators in this case.
Presidential pardon powers do not extend to state cases, only federal ones.
What does this mean for Trump's many civil suits?
While things are looking good for Trump in terms of his criminal issues, civil suits are a different matter altogether.
He is currently facing several civil matters that could cost him upwards of $US500 million in damages, including:
- Penalties of $US450 million after a Manhattan trial found Trump fraudulently inflated his net worth to obtain better rates from banks and insurers
- $US88 million to writer E Jean Carroll for two civil cases — one for sexual abuse and one for defamation.
- Potentially millions in damages to police officers injured during the January 6 insurrection, who sued Trump alleging he's responsible for the violence against him
Trump is appealing a court order to pay writer E Jean Carroll tens of millions in damages for damages.
Unlike criminal matters, a president has no legal protections from civil cases.
This precedent was set in 1997 when Paula Jones sued then-president Bill Clinton for sexual harassment.
She sued Mr Clinton, claiming he propositioned her when he was still the governor of Arkansas, seeking damages.
Mr Clinton tried to have the case dismissed on the grounds that he enjoyed presidential immunity.
The Supreme Court ruled that Bill Clinton was not immune from civil suits related to matters that occurred before he won the White House.
But the Supreme Court ruled that a sitting president has no immunity from civil litigation for acts done before taking office and unrelated to the office.
Ms Carroll has already said that Trump's re-election will do nothing to dissuade her as her case goes through the appeals process.
"Mr Trump's election to the presidency does nothing to change either the fact, as determined by two separate juries, that he sexually assaulted and defamed Ms Carroll, or the applicable legal principles under which he was held liable for that conduct," Ms Carroll's lawyer Roberta Kaplan said in a statement to ABC News.
By：ABC(责任编辑：admin)
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