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Thursday, November 7, 2024

Trump Victory: Will Criminal Charges Vanish, Leaving Only Civil Penalties?

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Trump’s Election Victory: Implications for Ongoing Legal Battles

The 2024 presidential election concluded with a surprising **comeback victory** for Republican nominee Donald Trump. This win has significant implications for the numerous legal battles he has been facing, potentially altering the trajectory of both criminal and civil cases. While his criminal charges are likely to be significantly impacted, his considerable civil liabilities remain unaffected, leaving a complex legal landscape in his wake.

  • **Criminal Charges Likely to Be Suspended or Dropped:** The vast majority of criminal proceedings against Trump are expected to stall—or outright disappear—due to the longstanding principle of prosecutorial discretion and the established precedent that a sitting president cannot be indicted.
  • **Civil Cases Remain Active:** Unlike criminal cases, Trump’s substantial civil liabilities, totaling over $570 million, remain unaffected by his election win. These cases will continue their progression through the court system.
  • A Unique Legal Precedent: Trump’s election victory creates a unique legal precedent, testing the intersection of executive power and ongoing legal proceedings. This situation has no exact historical parallel and presents significant constitutional questions.
  • **Focus Shifts to Civil Matters:** With criminal prosecutions likely on hold, attention will now intensely focus on the significant civil cases against Trump, forcing his legal team to navigate a complex and costly legal fight while he assumes the presidency.

Impact on Criminal Cases

Federal Charges: Election Interference and Classified Documents

The Justice Department, under Special Counsel Jack Smith, had pursued two significant federal cases against Trump: one related to alleged attempts to overturn the 2020 election results, and another regarding the mishandling of classified documents. These cases, already facing setbacks due to prior court decisions, are virtually guaranteed to be significantly curtailed. **”Now that Trump has won, his criminal problems go away,”** stated former federal prosecutor Neama Rahmani. The election interference case, hampered by a Supreme Court ruling granting ex-presidents presumptive immunity for official acts, will likely be dismissed. Similarly, the classified documents case, previously dismissed by a Florida federal judge, will probably not see further action from the Department of Justice.

Georgia State-Level Charges: 2020 Election Interference

A criminal case in Georgia alleging Trump illegally meddled in the state’s 2020 election also faces significant uncertainty. The case is currently on hold pending a decision regarding Fulton County District Attorney Fani Willis’ potential disqualification due to a past relationship with a lead prosecutor. Regardless of the ultimate decision about Willis’ participation, the case is highly likely to be delayed, possibly indefinitely, due to the long-standing principle of presidential immunity from prosecution. **Federal guidelines dictate the process for dealing with these cases for the next four years, significantly impacting the timeline of this case.**

New York State Charges: Falsifying Business Records

Trump was convicted in a New York case involving hush-money payments made before the 2016 election. In late May, he was found guilty on **34 felony counts of falsifying business records**, becoming the first U.S. president—current or former—to be convicted of crimes. His sentencing has been repeatedly postponed, and is now set for November 26th. While a jail sentence remains “logistically impossible,” according to Rahmani, the possibility of any kind of punishment seems unlikely in light of his newly acquired position.

While Trump’s presidential win effectively halts (or severely delays) his criminal prosecutions, his significant civil liabilities remain fully in play and continue to escalate.

New York Fraud Case: $483 Million Liability

In February, New York Judge Arthur Engoron ordered Trump to pay over $450 million in penalties following a finding of liability for business fraud. This case, brought by New York Attorney General Letitia James, accused Trump and his associates of falsely inflating his assets for financial gain. As of Wednesday, the total liability, including accruing prejudgment interest ($111,983 per day), had reached almost $483 million. Trump has appealed this decision, but unlike criminal cases, this civil case continues through the appellate process, with no expectation of pause.

Carroll Defamation Cases: $88 Million in Penalties

E. Jean Carroll won two federal civil defamation cases against Trump. The judgments require him to pay over $88 million in penalties stemming from statements he made about Carroll’s accusations that he raped her in the 1990s. Carroll’s comment on X (formerly Twitter) immediately after Trump’s victory– “I tried to tell you” – highlights the persistence and unwavering nature of these civil claims, completely unaffected by the election results.

“**There is no legal basis to delay the natural progress of the case through the appellate process,**” clearly stated NYU Law School Professor Stephen Gillers, referring to both the New York fraud and Carroll defamation cases. “Trump does not have to appear in an appellate court.” The appeals process, while needing to accommodate Trump’s schedule, will in no way pause for the next four years.

Donald Trump’s election victory has dramatically altered the landscape of his legal battles. While his criminal cases are likely to be suspended or dropped, his substantial civil liabilities remain unaffected, leaving a significant legal burden as he enters his second term in office. This unique situation sets a novel precedent for the interaction between presidential power and ongoing legal proceedings, raising significant constitutional questions and ensuring even further legal scrutiny for years to come. Both the legal community and the general public await with keen interest to see how this unprecedented situation will unfold.

Article Reference

Amanda Turner
Amanda Turner
Amanda Turner curates and reports on the day's top headlines, ensuring readers are always informed.

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