Trump's victory amidst legal battles: Unprecedented presidency
Donald Trump has won the presidential election in the United States. At the same time, a lawsuit is ongoing against the Republican politician, who is accused of bribery. The 78-year-old also attempts to avoid charges in other state and federal cases. This is an unprecedented situation.
For Donald Trump, this is an "extremely extraordinary situation," emphasises CNN. Never before has someone accused of a crime been elected to the highest office in the country. Similarly, no former president has ever faced such charges before.
What about Trump's trials? "Exceptional situation"
During the election campaign, Donald Trump repeatedly stated that he intends to fire prosecutor Jack Smith and end the investigation against him concerning the attempt to overturn the 2020 presidential election. The same prosecutor also accuses Trump of mishandling classified documents.
- As you can see, it definitely paid off to push to delay these matters as long as possible - said CNN's constitutional law professor Jessica Levinson, who teaches at Loyola Law School.
At the end of this month, a judge in New York is set to issue a verdict on the former president. The verdict concerning the falsification of documents to conceal a bribe was supposed to be delivered earlier, but those handling Trump's case decided to delay the process to avoid accusations of attempting to influence the presidential race outcome.
Trump is scheduled to appear in New York court on 26th November, but CNN predicts that his lawyers will request a postponement of the verdict, given that the 78-year-old has become the president-elect. The case involves pornographic film actress Stormy Daniels, to whom the Republican politician allegedly paid hush money about their affair.
It is unclear whether Judge Juan Merchan will even issue a verdict. He has given himself until 12th November to decide whether to nullify the conviction due to another decision by the Supreme Court, which ruled in the summer that Trump, as a former president, has some immunity.
If a verdict is issued, Trump's lawyers can appeal to state appellate courts, potentially reaching the Supreme Court. The entire process may last for months, which could be advantageous for the new occupant of the White House.
In the New York trial, Trump faces a sentence of up to four years in prison. However, Judge Merchan might be lenient with the new-old president, sentencing him to probation, house arrest, community service, or a fine. This is a state matter, so Trump does not have the right to pardon himself after his inauguration in January 2025.
Trump's victory in the election will have a significant impact on two federal cases ongoing in the District of Columbia and Florida. Since they were filed in 2023, the politician has been doing everything possible to delay the proceedings.
One can expect that once in office, the newly elected president will fire prosecutor Jack Smith. - It's that simple. I'll fire him in two seconds - announced Donald Trump in October when asked by Hugh Hewitt whether he will "pardon himself." If this happens, the Department of Justice and the Attorney General could withdraw charges against Trump.
According to CNN, Smith does not intend to yield to Trump, being prepared for dismissal from his position.
Trump cannot avoid civil cases
The former president also faces several lawsuits in civil matters, including his role in the 6th January 2021 Capitol attack and defamation of Jean Carroll. The politician has already lost two cases to Carroll in 2023 and 2024, where juries found him responsible for sexual harassment and defamation of the former journalist. Two juries awarded Carroll £4 million and £66 million, respectively.
The federal appellate court has reviewed Trump's appeal in the first Carroll case but has not yet issued a decision.
At the end of the month, a state appellate court heard Trump's arguments concerning alleged fraud and the payment of £374 million. The president-elect, along with his family, allegedly inflated the value of their assets to secure loans and insurance on better terms. CNN reports that the court is at least open to reducing the imposed penalty, but the final verdict has not yet been revealed. Trump has the right to appeal this decision to the highest appellate court in New York.
Each of these cases will continue even after Trump assumes the presidency. The Supreme Court previously ruled unanimously in 1997, based on a civil case against Bill Clinton at the time, that an incumbent head of state cannot claim immunity in civil matters.
