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Trump’s victory likely to overturn all criminal cases against him – NBC New York
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Trump’s victory likely to overturn all criminal cases against him – NBC New York

Donald Trump predicted election night victory will likely lead him to other victories in court, NBC News reports.

His election as president will likely lead to federal criminal charges being filed against him dismissalState criminal cases may be frozen at least until he leaves office.

Justice Department officials have already begun considering how to close two federal cases against Trump before Trump takes office to comply with department policy that a sitting president cannot be prosecuted. NBC News reported Wednesday, citing two people familiar with the matter.

Trump’s legal team, meanwhile, is considering its next steps on how to resolve all four criminal cases and plans to argue soon that all cases “should be stopped immediately,” according to a source directly involved in the discussions.

The presidency likely won’t protect Trump from hundreds of millions of dollars in fines from the various civil lawsuits filed against him, but it could be an asset in Trump’s defense against others still pending.

Trump has denied any wrongdoing in all of the cases, calling them a “witch hunt” that should be dismissed.

Trump campaign spokesman Steven Cheung said the election victory “makes abundantly clear that Americans want an immediate end to the weaponization of our justice system.”

Here’s a look at where various lawsuits against Trump stand and how they might be affected by his victory.

State criminal cases

Trump is tentatively scheduled to be sentenced on November 26 in New York following his conviction earlier this year. 34 serious crimes Charges of falsifying business records related to a hush money payment made to adult film star Stormy Daniels in 2016.

If the sentence continues, Judge Juan Merchan Could sentence Trump to prison. This decision will be appealed immediately, and Trump’s lawyers will be able to successfully argue that he cannot remain in office for any length of time until his term ends because the Constitution prohibits restricting the president from performing his official duties.

It is also unclear at this stage whether the punishment will continue.

Trump’s lawyers have a motion arguing that his conviction should be thrown out because of the Supreme Court’s July decision that expanded the scope of his conviction. presidential immunity.

They argue that following the high court’s ruling, the grand jury and some of the evidence presented at the sentencing hearing should not have been allowed.

Merchan must rule on that request by Nov. 12, and he can decide to proceed with sentencing, dismiss the charges or order a retrial. A new trial will be required after Trump’s term ends in 2029.

Trump is also awaiting criminal trial in Georgia, where he faces state charges of conspiring to illegally overturn the results of the 2020 presidential election.

expanding safe It is put on hold until at least December. the appeals court will weigh Whether Fulton County District Attorney Fani Willis and her office will be allowed to file charges in this matter.

If he is removed, authorities will need to find another prosecutor to take over the case; It’s a lengthy process that could lead to a new prosecutor deciding to drop or dismiss the charges.

Even if Willis moves forward, legal experts told NBC News he will face the same hurdle as New York prosecutors. Trump will not be able to appear in court until his term ends. In the meantime, Willis would have to overcome new legal obstacles caused by the immunity decision.

Donald Trump and his lawyer Susan Necheles in Manhattan criminal court on May 7.
Donald Trump and his lawyer Susan Necheles in Manhattan criminal court on May 7. (Win McNamee / Pool via Getty Images)

Federal criminal cases

Trump is the subject of two criminal lawsuits filed by special counsel Jack Smith; One of them involves federal charges. illegally disrupting the 2020 election and the other to hold on secret documents After leaving office and lying to investigators about it.

U.S. District Judge Aileen Cannon, a Trump appointee, dismissed the documents case earlier this year after finding that Smith’s appointment as special counsel was unlawful.

The Justice Department appealed the decision, but the department is part of the executive branch that Trump will regain control of in January. “He could instruct the Department of Justice not to even bother appealing.” NBC News legal analyst Danny Cevallos said:.

The election interference case was still ongoing, but U.S. District Judge Tanya Chutkan had not yet set a trial date because the case was mired in controversy stemming from the Supreme Court’s immunity decision.

Smith was proceeding with both cases as if it were business as usual during the election season, but two sources told NBC on Wednesday that was no longer the case, and Justice Department officials said there was no room to pursue either criminal case and there was no point in bringing it. He will continue to sue them in the weeks before he takes office.

Episode location originates from 2000 memory He confirmed the Watergate-era conclusion by his Office of Legal Counsel that prosecuting a sitting president would “impose undue interference, directly or formally, with the administration of the presidency.”

Sources said it will be up to Smith to decide exactly how to resolve the charges.

“These cases are, for all intents and purposes, gone,” Cevallos said even before the release of the report on the Justice Department’s new position. “Federal lawsuits will disappear.”

Legal cases and decisions

The presidency could be an asset in Trump’s defense in some pending cases civil lawsuits Regarding his role in the attack on the US Capitol on January 6, 2021. Trump argued that his actions were protected by presidential immunity and that he could use his new position to get the Justice Department involved in his defense.

He may now also argue that these cases should not be tried until after his criminal trial in Georgia because they cover similar ground and could affect his right to incriminate himself.

Trump’s victory likely will not affect his pending appeals of civil judgments against him totaling more than $550 million.

The president-elect is appealing the top award, a $478 million verdict in a civil fraud case filed by New York Attorney General Letitia James. During arguments Before the state Appellate Division in September, three members of the five-judge panel said they thought the award was too large. It’s unclear when the panel will decide.

At a news conference Wednesday, James said his office had been “preparing for several months” for Trump’s possible re-election.

“We’ve been here before, we’ve faced this challenge before,” he said. “And we used the rule of law to fight. And we are ready to fight again.”

Trump too attractive a pair of jury awards of nearly $88 million he had to pay to author E. Jean Carroll. She filed two lawsuits against Trump, one alleging he sexually assaulted and insulted her in the 1990s, and the other alleging he insulted her while he was president.

The appeals court is expected to rule in the sexual assault case first, but it’s unclear when that will happen.

One of the things his new office probably won’t protect him from is defamation case The lawsuit was filed last month by members of the Central Park Five, who now call themselves the Exonerated Five.

The five are suing Trump over false claims he made about them in September. presidential debate.

A 1997 Supreme Court decision held that presidents they are not immune from civil lawsuits not related to their term of office


Laura Jarrett and Ken Dilanian contributed.


This story first appeared NBCNews.com. More from NBC News: