Trump has decisively won reelection as President of the United States with nearly 72 million American votes but twelve jurors in Manhattan decided to convict him on phony charges early this year, so what happens now?
Trump has secured the presidency and his two federal cases will most likely be dropped as well as subsequent state cases, however some overzealous local prosecutors may still try and prolong the political lawfare. Trump will not end up behind bars despite his sentencing date in New York only a few weeks away.
“I highly doubt Judge Juan Merchan was going to sentence Trump to a period of incarceration regardless of the outcome of the election, but Trump winning makes it logistically impossible and a certainty that he won’t receive any time,” said former federal prosecutor Neama Rahmani during an interview with the Daily Caller News Foundation.
Judge Merchan is still weighing Trump’s motion to dismiss the case after the Supreme Court ruled on presidential immunity and has set a November 26th date for sentencing.
If for some ridiculous reason that Judge Merchan decides to sentence President-elect Trump with a prison term, Trump could never actually serve that time because “a state cannot interfere with a President’s ability to do his job, which he could not do from prison, and the Secret Service would not be able to guarantee his safety,” John Malcolm said of the Heritage Foundation.
According to Rahmani, Judge Merchan won’t have “the stomach to imprison a former president or president-elect,” especially after examples of Trump violating Merchan’s gag order ten times and didn’t face any jail time. “Nor would it be appropriate for a defendant with no criminal history convicted of Class E felonies (the least serious under New York law),” Rahmani said.
Regarding Special Counsel Jack Smith, Trump has already publicly stated that he would fire him “within two seconds” after taking the oath of office.
Cuurent leadership in the Department of Justice is already beginning to “wind down” Trump’s classified documents case and federal election interference case because they would never go to trial. The Department of Justice has a specific policy regarding the president stating a “indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
Before the election, Special Counsel Jack Smith continued to aggressively pursue charges and a trial with Judge Tanya Chutkan as Trump’s attorneys argued election interference. Even with Smith’s aggressive lawfare tactics, President-elect Trump overwhelmingly won the support of American’s who did not want to see political opponents persecuted by the justice system.
“Smith does arguably have the authority to try to continue to prosecute until the inauguration, but that could cause President Biden and the Dems more criticism than benefit since there’s no way they could actually get to trial before then,” said former federal prosecutor Andrew Cherkasky in an interview with the Daily Caller.
Rahmani added that Trump’s other state-level cases most likely will not be pursued as “it’s well established that a sitting president can’t be prosecuted.” The Supreme Court “has essentially ruled that state legal proceedings cannot be pursued while a person is President, so that would effectively pause those cases, but not end them entirely.”
The Fani Willis case in Fulton County has all but fallen apart. Willis did somehow win reelection but her case against Trump will likely be disqualified in a state appeals court because of her inappropriate relationship with the special prosecutor appointed to get Trump.
“At the very least, if the case is not dismissed, it will be held in abeyance until Trump completes his term, although it might proceed against the other defendants,” Malcolm said. If the trial was put on pause and waited for four years after Trump’s term, a continued prosecution “would not be an option” because Trump still has the right to a speedy trial.
Trump still faces a massive fine of $450 million in his civil fraud case brought about by New York Attorney General Letitia James in a clear attempt to bankrupt him prior to the election. In September, New York judges heard Trump’s appeal and seemed likely to reverse the $450 million judgment.
“I think there are good odds that the appellate court will reverse some or all of that case which would return the case back down to the trial court. If that happens, there will not be enough time to retry that case before inauguration,” Cherkasky said. “Trump’s civil sexual misconduct case is also on appeal and faces many strong appellate issues. There is no reasonable likelihood that there will be final resolution of that case ahead of inauguration.”
Of course, Democrat AG James claims her office is “prepared to fight back once again.” The American people clearly saw what New York prosectors were doing and had enough.