Following Donald Trump’s projected presidential win, his pending criminal cases are expected to stall as he takes office. Trump, facing 91 criminal charges across multiple federal and state cases, had strategized a return to the presidency to control the Justice Department and potentially halt proceedings against him.
Trump is set to assume control over two federal cases led by special counsel Jack Smith, whom he has previously pledged to dismiss. These cases involve alleged election subversion in 2020 and charges of mishandling classified documents. Trump recently reiterated his intent to dismantle Smith’s office, telling conservative radio host Hugh Hewitt, “I would fire him within two seconds,” signaling an end to Smith’s investigations once Trump returns to office.
For his state-level cases in New York and Georgia, Trump has less direct control, as they are not under federal jurisdiction. However, his legal team is expected to argue for delays, likely pushing these cases beyond his term, which could run through 2029. Georgia Judge Scott McAfee raised this issue in December, asking whether a presidential win would prevent Trump’s trial from proceeding. Trump’s attorney, Steve Sadow, affirmed that his duties as president would pause the Georgia case until his term concluded.
In New York, Trump’s sentencing on a conviction for falsifying business records in connection with a hush money payment from his 2016 campaign was postponed to Nov. 26 by Judge Juan Merchan. Merchan noted the delay was intended to avoid any perception of political bias. It remains uncertain if this sentencing will proceed now that Trump is president-elect.
In Georgia, District Attorney Fani Willis, who led the 2020 election-related racketeering case against Trump, retained her position in recent elections, although she faces potential removal over a personal relationship with a former prosecutor on the case. Regardless, Trump’s presidency may now delay state-level trials as well.
Trump’s federal cases face new hurdles, with appeals possibly stalling until he is out of office. In the federal election subversion case, Judge Tanya Chutkan had previously asserted that Trump’s campaign would not influence her rulings, but his election now likely suspends her case entirely.
While a court decision on the fate of the classified documents case was still pending, Trump’s control of the Justice Department will allow him to withdraw government appeals related to the matter. His legal team has already argued that Smith’s appointment was unconstitutional, a claim under review by the 11th Circuit Court of Appeals.
With Trump set to return to the White House, both federal and state cases against him will likely face lengthy delays or dismissal, placing his legal fate in a unique position of suspension for the duration of his presidency.
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