In a stunning turn of events, Donald Trump’s victory in the 2024 presidential election has thrown the numerous legal cases against him into a state of uncertainty. The president-elect, who made history in May by becoming the first to be found guilty of felony charges while in office, now faces questions about whether he will even be sentenced as planned later this month – and if he could attempt to pardon himself of federal crimes.
A Hush-Money Scandal Sentencing in Limbo
Trump’s delay-focused legal strategy may have paid off when it comes to the hush-money case that resulted in 34 felony counts against him in New York. Originally slated for sentencing in July, then September, the proceeding was pushed to November 26th – conveniently after the election – to avoid any appearance of political influence.
However, the presiding judge Juan Merchan agreed to first issue a ruling on November 12th regarding presidential immunity. This decision, based on a recent Supreme Court case granting broad protections to former presidents for official acts, could render the sentencing moot if it comes out in Trump’s favor.
Even if Trump’s immunity claim fails, legal experts believe the chances of the now president-elect actually being sentenced are incredibly slim. His lawyers will almost certainly argue that he should not have to appear in court during the presidential transition period. And in the unlikely scenario that jail time is ordered, an appeal would keep Trump out of a cell until well after his second term concludes in 2029.
Uncertainty Clouds Other Criminal Cases
Beyond the New York hush-money scandal, Trump faces a slew of other legal challenges that have been thrown into question:
- In Georgia, Trump was charged for attempts to subvert the 2020 election. However, that case was already on hold pending an appeal and scandal surrounding the district attorney. Proceedings are unlikely to resume until after Trump’s second term.
- Trump also faces federal election interference charges in Washington DC. But the Justice Department has a policy against prosecuting sitting presidents.
- The classified documents case in Florida, alleging Trump illegally retained top secret materials after leaving the White House, was tossed out by a Trump-appointed judge citing presidential immunity. An appeal is underway but faces long odds.
It is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall.
Senator Lindsey Graham, addressing the special counsel in a social media post
Self-Pardon Power an Open Question
Presidents have the power to pardon federal criminal charges, but whether that extends to self-pardons remains hotly debated among legal scholars. Trump cannot pardon himself in the state cases, like the New York felony convictions, but he could attempt to do so for the federal election and documents allegations.
Any self-pardon would likely be challenged in court by prosecutors. The act is unprecedented in American history, and its legality would almost certainly end up before the Supreme Court. If Trump appoints new justices during his second term, the conservative majority may be inclined to uphold such a pardon.
Civil Cases Remain Vulnerable
While criminal proceedings are in doubt, Trump’s victory provides less protection for the civil lawsuits filed against him. The Supreme Court ruled in Clinton v Jones that sitting presidents are not immune from civil litigation concerning unofficial acts.
Trump currently faces civil cases involving alleged sexual abuse, defamation, and business fraud. While becoming president again doesn’t stop these cases from moving forward, Trump’s status does provide opportunities for delays. But in the end, he remains vulnerable to potential judgments totaling hundreds of millions of dollars if these suits are successful.
A Second Term Defined by Legal Battles
With so many cases at various stages, Trump’s second term looks to be dominated by legal fights much like his first. Whether he can outrun the prosecutions as president remains an open question. But at minimum, Trump has successfully pushed the final resolution of these cases years into the future, where a friendlier political and judicial climate may help him escape accountability.
For a man who has made delay and obfuscation a cornerstone of his legal and political strategy, Trump’s 2024 win represents perhaps his most consequential evasion yet. The eyes of the nation now turn to the courts, where the future of the American presidency itself may well be on trial.
