How Trump’s Victory May Influence His Pending Criminal Cases Across States

Donald Trump’s presidential win poses significant legal challenges to ongoing criminal cases across multiple states.

At a Glance

Special counsel Jack Smith has 75 days to act on his cases before Trump’s potential inauguration.
Department of Justice policy prohibits prosecuting a sitting president.
Trump’s presidency could delay state-level prosecutions beyond his term.
Legal experts question the viability of trying Trump in state courts.

Current Legal Challenges

Donald Trump, having secured the presidency, now stands against a myriad of criminal charges across several states including New York, Georgia, and Florida. Each case varies in subject, from election interference to document handling. His legal and political maneuvers focus on delaying these cases, leveraging his newfound executive immunity, and reshaping his legal team’s strategy to secure long-term freedom.

The fight primarily lies in delineating what legal actions are permissible against a sitting president. Thus far, the Department of Justice stands firm that an incumbent cannot be criminally prosecuted. Trump’s defense seems geared towards exploiting this stance, with hopes to either defer, dismiss, or dilute the charges leveraging presidential protections.

Donald Trump's US presidential election victory will essentially end the criminal cases brought against him, at least for the four years he occupies the White House https://t.co/NinjbSQINK pic.twitter.com/KX9YiS0eru

— Reuters Legal (@ReutersLegal) November 6, 2024

Federal Hurdles

Special counsel Jack Smith, overseeing a plethora of federal cases, must act decisively before Trump’s inauguration. Amid a ticking clock, Smith can opt to continue proceedings to the point of dismissal by Trump or focus on robustly completing the public record for historical clarity. Legal insiders propose Smith lean towards finalizing comprehensive reports over aggressive pursuits.

“I am inclined to presume that Jack Smith is a smart enough guy to see the writing on the wall — and that he will not aggressively pursue advancing the cases … but may look for ways to complete the public record,” – Robert Kelner

Other suggestions persist, including the shift of cases to Smith’s successors, allowing legal continuity despite political shifts. Behind these options, lies a growing anticipation of political retribution from Trump against Smith, raising concerns about personal and financial repercussions for the special counsel team.

Special counsel Jack Smith is expected to wind down his criminal case against President-elect Donald Trump for conspiring to overturn the results of the 2020 election, CBS News has learned. @MacFarlaneNews explains how Trump's victory impacts his criminal cases. pic.twitter.com/vaGSrYsq7W

— CBS Evening News (@CBSEveningNews) November 7, 2024

State-Level Obstacles

State prosecutions present a unique challenge. While federal charges could halt under Trump’s influence, state-level cases in Georgia and New York carry on, independent of the federal system. Trump’s legal team remains optimistic that these, too, will see significant delays, potentially to the end of his presidential term.

The election win significantly massages Trump’s approach, transitioning from legal defense to executive power maneuvers. His lawyers have been calculating requests for deferment, recognizing the gravity of the presidency’s shield against legal intimidation. As Trump’s tenure builds, so too will the strategic implications of prosecution deferrals and judicial reinterpretations.