The multitude of legal complications Donald Trump once faced will not accompany him into his presidential tenure. On Monday, Special Counsel Jack Smith, responsible for initiating two significant federal lawsuits against Trump, decided to withdraw both, not because of insufficient proof, but due to a long-standing Department of Justice doctrine against indicting a seated president. Smith emphasized that this decision in no way implies a shift in the Government’s stance on the merits of prosecuting the defendant.
The context, however, is now different, Smith noted, alluding to Trump’s successful election on November 5 against his opponent Kamala Harris. It was left to interpretation whether Trump might face trial post-presidency as Smith requested Judge Tanya Chutkan to dismiss the election interference case without prejudice – implying the case may be reopened at a later stage.
Judge Chutkan conformed to the request, underscoring that presidential immunity term limits exist, ceasing once the officeholder departs. The former president, now 78, was challenged with accusations of attempting to subvert the outcome of the 2020 elections, in which he was defeated by Joe Biden, and allegedly mishandling confidential files after vacating office.
In Florida, the case concerning the alleged mishandling of official documents was terminated by a judge appointed during Trump’s term, based on the argument that Smith’s appointment was illicit. The election interference lawsuit never made it to the courtroom, repeatedly postponed by Trump’s legal team as he campaigned for re-election under the Republican banner.
It was not until July that the U.S. Supreme Court pronounced a ruling that a former president enjoys extensive immunity from prosecution for actions performed in his professional role. This verdict compelled Smith to present the case to a new grand jury, resulting in reindictment.
As a sitting president, Trump could have banished the two federal lawsuits and perhaps even forestalled their reemergence by leveraging a preemptive self-pardon before he left the White House. Moreover, allegations held Trump accountable for attempting to betray the United States and obstruct an official proceeding, which particularly refers to the Congress assembly called to sanction Biden’s victory. This assembly was shockingly assaulted on January 6, 2021, by a crowd of Trump supporters.
Trump also stands accused of trying to invalidate the votes of U.S. citizens due to the false assertion that he was victorious in the 2020 election. In addition to his federal troubles, Trump is entangled in two state cases, one each in New York and Georgia.
In New York, he was pronounced guilty on 34 counts related to falsifying company records to camouflage an alleged payoff to an adult film actress, Stormy Daniels, to prevent public disclosure of a purported 2006 encounter on the cusp of the 2016 elections. Though originally slated for sentencing in July, Trump’s legal team has recently appealed to have the conviction overturned in light of the Supreme Court’s immunity ruling.
The sentencing, originally scheduled for Tuesday, was indefinitely put on hold last week by Judge Juan Merchan. Trump, the first-ever ex-president to hold a criminal conviction, faces a maximum of four years in prison for each count.
Circumstances considered, given this is his first conviction, it was more probable that he would be sentenced to pay a fine and placed under probation, a probability that only heightened after his triumph in the recent elections. In the southern state of Georgia, Trump is dealing with racketeering charges tied to his alleged attempts to manipulate the 2020 election results.
However, considering his position as the sitting president, it is highly likely that the Georgia case will be suspended until he leaves office.