What impact will US election have on Trump's legal woes?
Election results may affect former president's criminal cases, potentially halting them if he is elected
October 11, 2024
The United States Supreme Court, in its last term, ruled on three key issues in favour of Donald Trump. However, these may not be the last legal issues involving the former president that the court is asked to resolve.
Seven key cases involving Trump as a defendant are now pending in lower courts: two federal criminal charges, two state criminal prosecutions, and three civil actions. These cases might eventually be appealed to the Supreme Court, but it is unlikely to consider any of them during the current nine-month term, which began on Monday.
The election results could impact the course of at least two of the lawsuits in which Trump is a defendant.
If Trump wins back the presidency, he may try to pardon himself or order the incoming leadership of the Justice Department to end Special Counsel Jack Smith's two federal criminal proceedings. One case relates to Trump’s efforts to overturn his loss to Democrat Joe Biden in the 2020 election. The other involves top-secret materials he retained beyond the end of his presidency in 2021.
Smith's office has asked the Atlanta-based 11th US Circuit Court of Appeals to revive the federal criminal charges concerning the documents after Florida-based US District Judge Aileen Cannon dismissed the case in July.
State criminal charges, however, are beyond the reach of presidential pardon authority. The two state criminal cases involve Trump’s conviction in New York for hush money payments to porn star Stormy Daniels and charges related to the 2020 election in Georgia.
In the hush money case, Trump is scheduled for sentencing on Nov 26 by Justice Juan Merchan. Legal experts suggest the judge may delay sentencing if Trump wins the election. Trump could ultimately appeal his conviction to the Supreme Court.
Similarly, Trump could seek a Supreme Court appeal to claim immunity in the Georgia election-related case, in which he and 14 co-defendants have pleaded not guilty to charges involving efforts to overturn his 2020 loss in the state.
The civil cases include a judgment against him in New York state court for civil fraud over business practices, as well as two judgments in federal civil litigation brought by E Jean Carroll, a writer who accused him of sexual assault and defamation.
All of these lawsuits would proceed in lower courts and might eventually be appealed to the Supreme Court, whether Trump wins or loses in November. In the criminal charges, Trump has pleaded not guilty and denied any wrongdoing in each instance.
