Despite Trump's victory, his criminal cases remain unresolved, and he still faces $570 million in civil fines.
- The outcome of the presidential election, with Donald Trump winning over Kamala Harris, may allow him to halt or put an end to the legal charges that have been filed against him.
- Despite being cleared in some criminal cases, he remains liable in several high-profile civil cases and has been ordered to pay over $570 million in penalties, experts stated.
- Jack Smith will be swiftly dismissed as special counsel by Trump.
If President-elect Donald Trump loses his 2024 presidential campaign, he may face criminal charges in state and federal courts.
Trump can rest easy after his comeback victory over Vice President Kamala Harris, as he will likely be able to delay or end all criminal proceedings against him once in office.
Despite being ordered to pay over $570 million in combined penalties in several high-profile civil cases, he has not yet escaped liability.
According to former federal prosecutor Neama Rahmani, there should be no impact on civil matters due to Trump's election, as per theory.
According to Rahmani, it is well-established that a sitting president cannot be prosecuted, but they can still face civil cases.
Trump has stated that he intends to swiftly dismiss his Department of Justice prosecutor, Jack Smith, who has been leading severe criminal charges against the former president in two federal courts for the past two years.
The Supreme Court ruling that granted ex-presidents presumptive immunity for their official acts in office effectively narrowed and delayed Smith's Washington, D.C., case charging Trump with illegally trying to overturn the 2020 election.
Smith is currently working to revive his other case against Trump, which was dismissed in July by Florida federal Judge Aileen Cannon, charging Trump with mishandling classified documents and obstruction.
The cases are now almost certain to be completely eliminated, either due to Trump's legal team's pressure or Smith's team's decision to shut down voluntarily.
"With Trump's victory, his criminal issues will disappear," Rahmani stated.
The D.C. District Court will dismiss the election fraud case, as it is well established that a sitting president cannot be prosecuted, and the DOJ will abandon its Eleventh Circuit appeal of the dismissal of the classified documents case, he stated.
A state-level criminal case in Georgia, accusing Trump of unlawfully interfering in the 2020 election in that state, is currently on hold. This case has been paused as Trump attempts to disqualify Fani Willis, the Fulton County District Attorney, due to her romantic relationship with a lead prosecutor.
If Willis is not allowed to stay on, her case may be postponed for the next four years, in accordance with longstanding federal guidelines that sitting presidents are immune from prosecution.
One of the four criminal cases Trump was charged with went to trial before the election: the New York case involved a hush money payment to porn star Stormy Daniels before the 2016 election.
In May, a jury found Trump guilty of 34 felony counts of falsifying business records.
Trump became the first U.S. president, current or former, to be convicted of crimes. His sentencing date, originally scheduled for mid-July, was repeatedly postponed and is now set for Nov. 26.
Trump may not receive a jail sentence from Judge Juan Merchan, as many legal experts believe the judge may be hesitant to impose a punishment on the president-elect, given his prior decisions to delay Trump's sentencing and the case's unique circumstances.
Rahmani stated that Trump's victory makes it "logically impossible" for him to receive an incarceration sentence, and it is a "certainty" that he won't receive any time.
Experts stated that Trump's civil cases should not be impacted by his election.
In February, a New York judge ordered Trump to pay over $450 million in penalties following a ruling that he was guilty of business fraud.
Letitia James, the Attorney General of New York, filed a lawsuit against Trump, his two adult sons, his company, and others, accusing them of inflating Trump's assets and using false information to increase his stated net worth and obtain financial benefits.
The penalty imposed on Engoron includes millions of dollars in prejudgment interest that increases by $111,983 each day until it is settled.
Nearly $483 million in liability for Trump was reported by the AG's office as of Wednesday.
The AG's case was questioned by a panel of five judges on a New York appeals court during oral arguments in September, as reported by Politico. The appeals court has not yet issued a ruling.
The outcome of Trump's presidential win will not affect the fraud case, according to NYU Law School Professor Stephen Gillers.
According to Gillers, there is no legal justification for delaying the case's progress through the appellate process, as stated in an email to CNBC.
"The president-elect does not have to appear in an appellate court, and the appeal will not affect his obligations as president," he stated. "Essentially, it's now in the hands of the lawyers and the appellate courts."
While the courts may accommodate his busy presidential schedule, they will not delay the case for four years.
E. Jean Carroll's victory in two federal civil defamation cases was viewed similarly by Gillers.
The president-elect has been directed to pay Carroll more than $88 million in defamation damages resulting from statements he made as president following the writer's accusation of rape in the 1990s.
After Trump was predicted to win the election, Carroll wrote on X, "I warned you."
Trump's legal team did not promptly respond to CNBC's inquiries regarding the impact of the election on his legal situation.
Politics
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