Donald Trump’s Victory Means His Criminal Cases Will Likely Be Dropped or Postponed
In the wake of his 2024 presidential election victory, Donald Trump’s legal troubles are poised to take on a new dimension, as his ascension to the White House could have profound implications for the numerous criminal cases pending against him. From alleged interference in Georgia’s 2020 election results to his involvement in the mishandling of classified documents, Trump faces a range of serious charges that have dominated headlines throughout his political career. However, the reality of his victory means that, barring any unforeseen circumstances, many of these cases could either be dropped, postponed, or face new legal hurdles due to the unique power of a sitting president.
While Trump’s legal team has repeatedly argued that the cases against him are politically motivated, his win in the 2024 race shifts the conversation from courtroom drama to a more complex issue of executive power, legal privilege, and political influence. As such, the outcomes of these criminal cases are now subject to a variety of unpredictable factors, including potential delays, presidential pardons, and the influence of a Republican-controlled Justice Department.
1. The Presidential Immunity Argument: Can a Sitting President Be Indicted?
One of the most important factors that will impact the criminal cases against Trump is the legal doctrine of presidential immunity. Under the U.S. Constitution, a sitting president enjoys certain legal protections, including immunity from criminal prosecution while in office. While this principle is not explicitly outlined in the Constitution, it has been inferred from the idea that a president cannot be encumbered by criminal charges while in the midst of fulfilling their duties as the head of state.
This immunity has been discussed extensively in legal circles, with scholars and legal experts divided on its scope. The Department of Justice’s Office of Legal Counsel (OLC) issued a 2000 memo asserting that a sitting president cannot be indicted, arguing that it would impede the president’s ability to carry out constitutional duties. This memorandum has been cited in the past to defend Trump during his first impeachment, but it remains a matter of ongoing debate, especially given the complex legal circumstances surrounding his various cases.
However, even if the Department of Justice (DOJ) were inclined to move forward with charges against Trump in his capacity as president, a prosecution would likely be seen as a politically charged move, risking immense public backlash. Legal experts predict that, should Trump serve a second term, it would be incredibly difficult for any legal proceedings to continue unhindered, particularly for the most high-profile cases.
2. Postponing Trials and Hearings: A Legal Logjam
Even if Trump were not able to invoke full immunity from prosecution, his ability to delay criminal proceedings as president would still be a powerful tool at his disposal. The busy schedule of a sitting president, with a range of international and domestic duties, would make it nearly impossible for Trump to participate in lengthy court proceedings or attend scheduled hearings. As a result, his legal team could argue that his role as president prevents him from attending court, leading to the postponement or rescheduling of hearings and trials.
Trump’s legal team has already been effective at securing delays and extensions in many of his cases, and it’s likely that they will continue to argue that the demands of the presidency make it impractical for their client to face charges. In practical terms, this would result in years of legal gridlock, effectively stalling the judicial process during Trump’s time in office.
This strategy of delay is not without precedent. In 2019, when Trump faced a second impeachment inquiry, his legal team claimed that he could not respond to the allegations in full due to his duties as president. Should he be re-elected, it is likely that he would adopt a similar approach in the face of legal battles.
3. The Role of Presidential Pardons: A Potential Game-Changer
One of the most significant tools at a president’s disposal is the power to issue pardons, and this could have a direct impact on Trump’s legal challenges. Under the U.S. Constitution, the president has the authority to grant pardons for federal crimes, and this power extends to Trump himself. This means that, should Trump’s legal team be unable to delay or dismiss the charges, he could simply issue a pardon for any crimes he is found guilty of.
This would immediately end any federal criminal proceedings and potentially bring an end to many of his ongoing legal challenges. While presidential pardons do not extend to state-level crimes, Trump could potentially issue a pardon for any federal charges that are levied against him. This power was used by Gerald Ford in 1974, when he pardoned former President Richard Nixon for any crimes related to the Watergate scandal, effectively closing the book on one of the most high-profile criminal investigations in U.S. history.
For Trump, a presidential pardon would be a powerful tool in his legal arsenal. It is not clear whether Trump would use this power, but if faced with significant legal consequences, it’s possible that he could issue a preemptive pardon for any federal charges—either related to his role in the January 6th Capitol riots, the classified documents case, or any other potential offenses. The key question would be whether such a pardon would spark political outrage or legal challenges, especially in light of the unprecedented nature of his criminal cases.
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