Trump’s White House comeback puts criminal cases on pause

Donald Trump’s victory in the US presidential election on Wednesday effectively puts a halt to the criminal cases against him for at least the duration of his four-year term.

As the first former president to face criminal charges, Trump has been under four different prosecutions this year, with allegations ranging from covering up a hush money payment during his 2016 campaign to attempting to overturn his 2020 election defeat.

In May, a New York jury found Trump guilty of falsifying business records linked to the hush money payment, making him the first ex-president convicted of a felony.

Trump has pleaded not guilty to all charges, labeling them as politically motivated, and on October 24, he announced he would immediately dismiss U.S. Special Counsel Jack Smith — responsible for federal cases related to the election interference and retention of classified documents — upon his swearing-in.

Though Trump has the authority as president to fire Smith and terminate federal cases, he cannot directly control the New York and Georgia cases related to his attempts to overturn his 2020 loss. However, experts agree it is unlikely he will face any significant legal consequences from these cases during his presidency.

Legal analysts expect a delay in Trump’s New York sentencing, currently set for November 26, due to his unique position as president-elect.

Previously, sentencing had been postponed twice after a Supreme Court ruling granted presidents broad immunity from prosecution over official acts. Trump has vowed to appeal the conviction and seeks to transfer the case to federal court, potentially adding further complications.

In federal court, Trump faces charges in Washington related to false claims of election fraud and obstruction of the vote certification process after his 2020 loss.

Smith had also filed charges against Trump for unlawfully retaining classified documents, but in July, a Florida judge dismissed all charges, questioning Smith’s authority.

Although Smith’s team is appealing, Trump’s plan to dismiss him likely indicates an end to the case.

In Georgia, state racketeering laws were used to charge Trump and others with attempting to reverse his 2020 defeat. While Trump cannot directly dismiss this case, his attorney intends to argue for a pause, asserting that a president should not face criminal prosecution while in office.

Trump and several co-defendants have also asked a Georgia appeals court to disqualify lead prosecutor Fani Willis due to alleged misconduct.

Oral arguments are set for December 5, but experts believe the case against Trump will be stalled for the length of his term.