What Happens To Trump's Legal Cases Now?
FiveThirtyEight Politics
Deep Dive
What happened to Trump's federal criminal cases after his re-election?
The two most serious federal criminal cases against Trump, related to the January 6th Capitol riot and the unlawful retention of national defense information, were dismissed due to a Department of Justice policy that prohibits prosecuting a sitting president. These dismissals were without prejudice, meaning they could theoretically be revived after Trump leaves office.
What is the status of Trump's criminal case in Georgia?
The Georgia case, involving Trump and 18 other defendants, is on hold due to a pending appeal regarding the disqualification of a special prosecutor. Trump has also filed a motion to dismiss the case based on his re-election.
What is the current status of Trump's conviction in the New York case?
Trump was convicted in New York for falsifying business records related to hush money payments to Stormy Daniels. The case is now pending two motions: one arguing for dismissal due to Trump's status as president-elect, and another based on the Supreme Court's ruling on presidential immunity for official acts. The judge has yet to rule on these motions, and sentencing could be delayed until after Trump's term.
Why were Trump's federal criminal cases dismissed?
The dismissals were based on a longstanding Department of Justice policy that a sitting president cannot be prosecuted. This policy, outlined in two Office of Legal Counsel memoranda from 1973 and 2000, cites practical and constitutional reasons, including the potential distraction and stigma of criminal charges on a president's ability to govern.
Could Trump's federal criminal cases be revived after he leaves office?
Theoretically, yes, but it would be challenging. The cases were dismissed without prejudice, but prosecutors would need to overcome legal hurdles such as the statute of limitations and potential issues with the special counsel's appointment. The likelihood of reviving these cases is considered low.
What is the status of Trump's civil liability cases?
Trump faces significant civil liability, including a $355 million judgment in New York for inflating his company's assets. This case is on appeal, and Trump has not yet filed a motion to dismiss it based on his presidential status. Additionally, civil lawsuits related to the January 6th riot are ongoing, and Trump could still face accountability in these cases.
How does the Supreme Court's ruling on presidential immunity impact Trump's second term?
The Supreme Court's ruling establishes broad immunity for official acts taken by a president, making it unlikely that Trump could face criminal prosecution for actions taken while in office. However, this immunity does not extend to others who may assist him, leaving them potentially vulnerable to prosecution.
What is the likelihood of Trump facing jail time for his convictions?
The likelihood of Trump serving jail time is low, especially given his status as president-elect. The New York district attorney has not pushed for imprisonment, and any potential sentence would likely be a fine or other non-carceral punishment.
How might Trump's re-election impact his political opponents?
Trump could potentially use the Department of Justice to target political opponents, but the lack of a prosecutable crime would be a significant constraint. However, investigations could still be disruptive and costly, even if they do not result in charges.
- Trump faced four criminal indictments and civil liability.
- Public attention shifted away from Trump's legal battles during the campaign.
- The chapter introduces Jessica Roth, a law professor and former federal prosecutor, to discuss Trump's legal situation.
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