Trump's Re-election May Put Select Legal Cases on Hold Amid DOJ Policy
The Department of Justice's policy prohibiting the prosecution of a sitting President may shield Donald Trump from facing charges in several federal cases, including alleged election interference and handling of classified documents, as he settles in for a second term in office.
Two federal cases are expected to be wound down due to Trump's expected status as the 46th U.S. President, with the Department of Justice opting not to pursue the prosecutions until he leaves office. The cases in question involve alleged interference in the 2020 presidential election and mishandling of classified documents. Additionally, Trump faces state charges in New York and Georgia, where he cannot use his presidential pardon power, as state courts do not recognize presidential immunity.
A case against Trump related to alleged hush-money payments to adult film star Stormy Daniels before the 2016 election involves 34 counts and could carry a sentence of up to four years in prison, but is unlikely to face prosecution until after Trump leaves office. The case against him in New York involves falsifying business records, with a sentencing hearing scheduled for November 26, but Trump's lawyers assert that he should not be held accountable due to a U.S. Supreme Court ruling on presidential immunity. Scholars believe that the sentencing may be delayed due to complexities and Trump's presidential transition.
Legal experts, such as former Prosecutor Chuck Rosenberg, view the outcome as "sensible, inevitable and unfortunate," while others argue that Trump has avoided a crucial part of American justice by not being held accountable for his actions through a jury trial. The Department of Justice's decision is-founded on a 2000 memo from the Office of Legal Counsel, which stated that prosecuting a sitting president could interfere with the presidency. If his conviction in the New York case is upheld, Trump could face a range of sentences, including a light sentence, probation or an unconditional discharge, as he has no pardon power in state courts.
