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Trump’s victory in the presidential election effectively ends his federal criminal cases.

Trump’s victory in the presidential election effectively ends his federal criminal cases.

Thanks to his election victory, Donald Trump will have the opportunity to get rid of half of his criminal charge when he returns to the White House—specifically, two federal cases brought by special counsel Jack Smith over alleged subversion of the 2020 election and alleged illegal possession and obstruction of classified documents. The president-elect has pleaded not guilty in all four of his criminal cases, but he is unlikely to be found guilty either way in those two cases.

NBC News reported On Wednesday, Justice Department officials are “considering how to wind down two federal criminal cases” before Trump takes office, “to be consistent with the department’s longstanding policy that a sitting president cannot be prosecuted.”

Presidents cannot pardon or dismiss state cases, although we don’t expect Trump to have to face trial in New York or Georgia state courts while he’s in office. When the judge presiding over the Georgia case asked Trump’s lawyer last year about reviewing the case if Trump became president again, the lawyer said he believed that according to the Constitution supremacy clause and Trump’s responsibilities as president, the trial cannot take place until he leaves office.

In his New York money-for-secret case, Trump is sentenced Nov. 26—that is, if Judge Juan Merchan denies Trump’s Nov. 12 bid to overturn his conviction based on the Supreme Court’s immunity ruling. Even then, Trump indicated he would immediately appeal the adverse immunity ruling. so don’t assume that sentencing – for falsifying business records stemming from Stormy Daniels’ 2016 election-related money cover-up – is proceeding as scheduled. In any case, imprisonment is not mandatory in this case and the sitting president will not be imprisoned.

In Georgia it is multi-accused case already tied to pre-trial appeal in the defense’s attempt to disqualify Fulton County District Attorney Fani Willis. Whatever happens next in this case, with Trump also accused of meddling in the 2020 election, don’t expect him to face a state criminal trial as president, even if he can only delay rather than dismiss the case.

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