State and federal prosecutors have faced delays in cases against the former president, Donald Trump. These delays have raised the possibility of ongoing legal battles for Trump in multiple criminal cases, which could potentially impact any future presidency. Despite some legal victories over the summer, including weakened prosecutions in Georgia and Washington, none of the cases are expected to go to trial before the November election. In his New York trial, Trump was convicted, but the sentencing may be postponed until after the election. If reelected, Trump is likely to dismiss federal cases against him, citing his role as commander in chief as a defense against imprisonment.
In the federal election case, Special Counsel Jack Smith filed a superseding indictment against Trump, adjusting it to comply with the Supreme Court’s immunity ruling. The indictment no longer includes allegations related to Trump’s interactions with the Justice Department. The case now hinges on the court’s interpretation of presidential immunity for official acts.
In the documents case, U.S. District Judge Aileen Cannon’s ruling challenged the legitimacy of Special Counsel Smith’s authority. The case may undergo further scrutiny in the appellate courts, potentially impacting the outcome of both of Smith’s criminal prosecutions against Trump.
Trump’s sentencing in New York, initially scheduled for July, has been delayed to September 18. The court is considering whether to postpone sentencing until after the election, as Trump’s attorney has signaled an intent to seek an appeal based on presidential immunity. The judge has expressed reluctance to send Trump to prison, suggesting that his status as president could preclude him from serving jail time if reelected.
Georgia Election Case
Fulton County District Attorney Fani Willis in Georgia has been pursuing a racketeering case against Trump and others, alleging an illegal scheme to overturn the results of the 2020 election. Her prosecution stalled earlier this year when a defense attorney filed a motion to disqualify her amid revelations of her relationship with one of her prosecutors, Nathan Wade.
Fulton County Judge Scott McAfee ultimately allowed Willis to remain on the case, but the issue is headed to the Georgia Court of Appeals and won’t reach oral argument until Dec. 5, well after Election Day.
Assuming Willis is able to secure a conviction, any attempt to put Trump in prison would face the same roadblock faced by prosecutors in New York if Trump enters the White House. That’s because the case is a state-level prosecution and Trump would be a federal official attempting to exercise power vital to the government’s functioning.
The Supreme Court’s immunity ruling, which stemmed from an appeal in Trump’s Washington case, is also expected to affect the Georgia prosecution since the charges there are similar to the Washington trial.
The Associated Press and Jack Phillips contributed to this report.
