The Department of Justice (DOJ) has a longstanding policy against indicting or prosecuting a sitting president. With Trump returning to the White House, the federal cases against him are expected to be dropped. State-level cases may also be impacted by this change in status.
Special Counsel Jack Smith has requested more time to provide a status report on the federal cases due to the extraordinary circumstance of Trump becoming president-elect. The DOJ's policy against prosecuting a sitting president suggests these cases will likely be dismissed.
Smith is required under special counsel regulations to write a report. Whether it will be completed and published before Trump's inauguration depends on the timing and AG Merrick Garland's review process.
Trump was found guilty on 34 felony counts in New York and was due for sentencing. However, his lawyers are likely to request the case be vacated or dismissed given his new status as president-elect.
The case is already complicated by allegations against the district attorney. With Trump's presidential status, it's unclear if prosecutors will continue pursuing the case against him, though other defendants may still face charges.
Trump has promised to use the DOJ to target political opponents. Key areas to watch include potential pardons for January 6th defendants and how much influence the president will exert over ongoing investigations.
Concerns include the possibility of pardons for political allies, such as January 6th defendants, and the potential for the president to interfere with ongoing investigations into his political enemies, depending on the integrity of DOJ personnel.
Today, we're sharing an episode of Trump's Trials for listeners.Now that Donald Trump is headed back to the White House the three remaining criminal cases against him will most likely go away. Host Scott Detrow) speaks with NPR justice correspondent Carrie Johnson). Follow the show on Apple Podcasts) or Spotify) for new episodes each Saturday.Sign up for sponsor-free episodes and support NPR's political journalism at plus.npr.org/trumpstrials).Email the show at [email protected]).Learn more about sponsor message choices: podcastchoices.com/adchoices)NPR Privacy Policy)