Sunday, December 8, 2024

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Say Goodbye to Justice — Trump Becomes His Own Judge and Jury with Presidential Victory

Donald Trump’s 2024 election victory has not only secured his return to the White House—it has likely shielded him from the legal consequences of a long list of alleged crimes.

Trump, already the first former president ever to be charged and convicted of felonies, is now the first convicted felon to win a presidential election. His victory effectively ensures that he will avoid any serious legal accountability for a host of ongoing criminal and civil cases, leaving him virtually untouchable in the eyes of the law—at least while he occupies the Oval Office.Trump’s ascent to the presidency casts a shadow over the work of special counsel Jack Smith, who has spent years investigating Trump’s attempts to overturn the 2020 election results and his handling of classified documents. The looming return to power also stalls the prosecution in Georgia, where Trump faces charges for his role in election interference, and creates significant hurdles for the New York conviction related to hush-money payments.

One of Trump’s first actions as president could be to fire Jack Smith, the special counsel overseeing multiple criminal investigations into Trump’s alleged actions. Trump has already promised to end Smith’s tenure “within two seconds” if the special counsel isn’t already gone by Inauguration Day.

With a new attorney general under Trump’s control, the entire slate of federal charges against him—including the ongoing investigations into his role in the January 6th insurrection and the mishandling of classified documents—could be dismissed. Legal experts have warned that Trump’s return to the presidency gives him the ability to halt or delay these cases indefinitely. Trump’s lawyers are likely to argue that the looming federal trial deadlines in Washington and Florida should be suspended or delayed, citing the transition to the White House as a legal justification.

In Florida, Trump faces dozens of felony charges related to his retention of classified documents at Mar-a-Lago. But the case has already been delayed by ongoing appeals, and Trump’s return to office could give him the power to further derail the proceedings.

In Georgia, District Attorney Fani Willis has been pursuing charges against Trump for attempting to interfere in the state’s 2020 election results. But the case has faced months of delays, including a legal challenge over Willis’ potential conflict of interest, which has temporarily stalled proceedings. Even if the case is allowed to move forward, Trump is expected to use his presidential immunity to delay or dismiss the charges, arguing that a sitting president cannot be prosecuted by state authorities.

In Florida, Trump faces dozens of felony charges related to his retention of classified documents at Mar-a-Lago. But the case has already been delayed by ongoing appeals, and Trump’s return to office could give him the power to further derail the proceedings.In Georgia, District Attorney Fani Willis has been pursuing charges against Trump for attempting to interfere in the state’s 2020 election results. But the case has faced months of delays, including a legal challenge over Willis’ potential conflict of interest, which has temporarily stalled proceedings. Even if the case is allowed to move forward, Trump is expected to use his presidential immunity to delay or dismiss the charges, arguing that a sitting president cannot be prosecuted by state authorities.Some legal scholars believe that, even if the case continues after Trump leaves office, the years-long delay could complicate efforts to bring him to trial. In short, Trump’s return to power makes the case far less likely to succeed, especially if the prosecution is forced to navigate legal questions of presidential immunity.

Trump’s legal troubles also include a conviction in New York, where he was found guilty of falsifying business records related to a hush-money scheme to silence adult film actress Stormy Daniels. His sentencing, set for November 2024, could be delayed or altered due to his newfound position as president-elect.

Trump’s legal team is expected to argue that he should not be sentenced during the transition period, citing the potential disruption to his presidential duties. Even if sentencing proceeds, Trump could use his office to delay serving any potential jail time. If Trump is sentenced to prison, he could push for a postponement until after he leaves office in 2029, further prolonging his accountability.In addition to his criminal cases, Trump faces a mounting array of civil lawsuits that threaten his financial future. These include cases related to fraud, defamation, and sexual assault, with potential damages totaling hundreds of millions of dollars. Trump is already appealing several civil rulings, including a fraud case in New York where he was ordered to pay $450 million for inflating his net worth to secure favorable loans.

While a sitting president is generally immune from criminal prosecution, civil suits are a different matter—but Trump may attempt to use his position to delay or outright avoid paying these judgments. Legal experts suggest that Trump could argue that pursuing civil cases against him while he is in office would interfere with his ability to carry out presidential duties.

In the case brought by writer E. Jean Carroll, Trump owes $88 million in damages after being found liable for both defamation and sexual assault. Trump is appealing both decisions, and his return to the presidency could further complicate efforts to collect on these judgments.

Trump is also facing lawsuits from police officers and members of Congress over his role in inciting the January 6th Capitol riot. These civil suits are still in the early stages, but Trump’s victory in the 2024 election may allow him to delay their progress. Legal scholars believe that Trump will attempt to invoke presidential immunity to avoid liability, which could delay or derail the cases until after he leaves office.

Trump’s 2024 election win effectively makes him immune from much of the legal fallout from his past actions. Whether it’s halting federal criminal charges, delaying state prosecutions, or using presidential powers to delay civil judgments, Trump’s return to the White House represents a new phase of legal impunity.

For now, the system that was once designed to hold presidents accountable now seems powerless to do so. Trump’s victory may have marked the end of justice—at least, for as long as he remains in office.

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