Now that Donald Trump becomes US President again, what happens to criminal cases against him?
Trump is poised for a second presidential term despite legal challenges. The Constitution allows him to run even if convicted, but the 25th Amendment could apply if declared unfit. He faces criminal cases and civil suits, raising questions about his eligibility.
Donald Trump is all set to be the President of United States of America for a record second term. Trump has declared victory in the US presidential race against Kamala Harris.
The 78-year-old Republican, Trump, will be the first convicted person to win US elections. He will also be the first US President facing criminal cases, including the one involving his alleged role in the riots at the US Capitol on January 6, 2021, after he lost the Presidential race to Democrat Joe Biden.
In his previous term (2016-2020), Trump became the first president to be impeached twice. First for withholding military aid to pressure Ukraine to investigate his political opponents and then for instigating a ‘coup’ on January 6, 2021 after his defeat to Democrat Joe Biden.
In the run up to Election Day on Tuesday, Trump has vowed to fire Jack Smith – the special counsel who has brought two federal cases against him, ‘within two seconds.’
Trump faces four criminal cases. Any one of these cases would scuttle the chances of any other White House hopeful, according to a report in the Guardian. Mint lists some of the cases that Trump faces and how the trials will be impacted by the results of US Election 2024.
Stormy Daniels Hush money case
In May, Donald Trump was found guilty of 34 counts of falsifying business records relating to a hush-money payment to the adult film star Stormy Daniels, making him the first former president to be convicted of felony.
Trump will likely be sentenced in the case on November 26 — three weeks after Election Day, according to US media reports. The sentencing proceedings have been delayed twice to give Trump and his lawyers more time to argue. The judge delayed it last on September 18 after the Republican nominee sought time until after the elections.
In case Trump is sentenced, his lawyers will challenge it. Some analysts say an election victory gives Trump additional fodder for an appeal to avoid jail time. His lawyers have argued in other cases against Trump that the US Constitution bars the president from being restricted from carrying out his official duties.
National Election interference case
Among other cases, Trump is charged with conspiracy to defraud the United States for allegedly trying to overturn the 2020 election results in this case. Trump lost to Biden in 2020. This case was supposed to go to trial earlier this year, according to NBC news. Trump’s lawyers had been arguing that he was protected from allegations of wrongdoing because of presidential immunity.
After his loss to Biden, Trump addressed his infamous ‘Stop the Steal’ rally on January 6, 2021, which followed a deadly mob attack on the US Capitol.
As Trump is all set to be the 47th President of the US, the case is expected to be dismissed, as per US media reports
Georgia election interference case
In this case filed in Fulton County, Georgia, Trump, along with others, is charged with conspiring to overturn the 2020 election results. An appeal in the court is scheduled for December.
Trump's defeat could lead to a trial date in the case. He could still appeal it. With Trump's win, delays are expected in the commencement of the trial.
In September, a court in Georgia dismissed two of the 10 criminal charges against Trump and another charge against his allies for alleged attempts to interfere in the 2020 presidential election. Three other charges against Trump were dropped earlier this year, a BBC report said.
Trump is accused of conspiring with 18 other defendants to interfere in the election result.
Trump and 14 other accused have pleaded not guilty to racketeering and other state charges related to alleged efforts to overturn the former president's loss in Georgia. Four accused have pleaded guilty in the case.
Classified documents case
In July, US District Judge Aileen Cannon dismissed the criminal case charging Trump with lying and trying to mislead federal investigators to retain sensitive classified materials after he left the White House in 2021.
Special counsel Jack Smith has appealed that the case should be allowed to proceed.
Smith’s office is expected to proceed with the case even as Trump is set to be elected as the next President of the United States. There are chances, however, that the special counsel’s office will be shut down and appeals dismissed as soon as Trump joins the office.
Other cases
There are some other cases too. This include Trump’s pending appeals of civil judgments against him of about $500 million that he needs to pay in a fraud case. Trump has challenged the largest award — more than $478 million and growing by more than $111,000 a day — in a civil fraud case in New York state court, according to NBC News.
Trump has also appealed against the award in which he has to pay about $88 million to writer E Jean Carroll, who filed two suits against Trump – one for allegedly sexually assaulting her in the 1990s, and another for defaming her while he was president.
Trump also faces eight pending civil suits related to his role in the January 6, 2021, attack on the US Capitol. Like in the criminal cases, Trump’s lawyers have argued that his actions were protected by presidential immunity.
What does the US law say?
According to the US Constitution, no one is prohibited from contesting US elections based on character or criminal record. Some state laws prohibit candidates with criminal records from contesting for state or local office. These laws, however, do not apply to federal offices like the White House.
Trump critics cite Section 3 of the 14th Amendment of the US Constitution, saying that he is ineligible to hold office.
Section 3 deals with anyone who is “engaged in insurrection or rebellion” after taking an oath to support the constitution. Critics say that Trump cannot become President or cannot run for President, unless two-thirds of Congress decides to grant him amnesty for his conduct on January 6, 2021.
Election officials in the US do not need any conviction to invoke the 14th Amendment to prohibit Trump from contesting, according to an article in the New York Times. And even if that happens, the Supreme Court would come into the picture.
He branded himself as the guy who gets away with it. He is facing a lot of moments of reckoning.
Legally, Trump would be eligible to be the President even if he is behind bars. The US Constitution doesn’t say anything about that. He could, however, be stripped of his authority under the 25th Amendment. In that scenario, the authority is transferred to the Vice President since the President is unable to discharge his duties. But for that to happen, the Vice President and President’s cabinet have to in majority, declare him unable to fulfil his duties, which is very unlikely.
The US President can pardon himself, too. The US Constitution gives the President broad power to pardon federal crimes, except in cases involving impeachment.
Key Takeaways
- Trump remains eligible for the presidency despite pending criminal cases.
- Winning the election could affect the trajectory of his ongoing trials.
- The 14th Amendment may be invoked to challenge Trump’s candidacy based on his past actions.
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Business NewsNewsUs NewsNow that Donald Trump becomes US President again, what happens to criminal cases against him?
First Published:6 Nov 2024, 04:33 PM IST
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