The former president is facing four criminal prosecutions, any of which could result in him being convicted and sent to prison. However, delays in the three most significant cases have Democrats increasingly worried that election day will come and go before any verdict is reached.
The cases as they stand
Trump currently faces a case in DC over his attempt to overturn the 2020 election, a case in Florida about his handling of classified documents, and a case in Georgia over his and his allies’ attempts to interfere in the election there. There is also a case in New York over inappropriately labeled payments to Michael Cohen.
Less strong
The New York case is scheduled to begin on March 25. However, a judge will first decide whether the charges are legal.
The New York case
Manhattan District Attorney Alvin Bragg charged Trump with 34 felony counts of falsifying business records in March 2023. However, for the charges to be felonies, Bragg has to prove that Trump’s falsification of business records was done with the intent to commit or conceal “another crime.”
The details
Trump filed payments to his then-attorney, Michael Cohen, as legal expenses. In reality, they were payments that Cohen passed on to Stormy Daniels to prevent her from going public about her alleged relationship with Trump.
Dubious claim
The problem for Bragg is what other crime Trump may have been intending to commit or conceal by improperly logging these payments. Legal experts, including a former prosecutor in the district attorney’s office, doubt that any of the possible other crimes will hold up to scrutiny by a judge.
Potential outcome
If Judge Juan Merchan disagrees, the charges could be reduced to misdemeanors, which cannot result in prison time and would not make Trump a convicted felon. However, if Merchan lets the felony charges stand and Trump appeals, there’s a good chance the appeals judges will be unsympathetic to the former president.
Intentional delays
In the Florida classified documents case, the Trump-appointed judge assigned to the case has taken her sweet time at every opportunity. An appeals court panel, which included two Trump appointees, issued “a rebuke” to one of Judge Aileen Cannon’s decisions.
Moving slowly
According to POLITICO, Cannon has been “slowing down the case” by “taking her time to resolve some fairly straightforward issues.” The judge has “postponed key trial deadlines” by several months, for example.
Overall motive
In January, Slate reporters argued that Judge Cannon was “laying the groundwork for delaying Trump’s trial — until it’s too late for a jury to be empaneled and the case tried to verdict before the election.”
The immunity question
Special counsel Jack Smith’s case in Washington DC has run into the tricky question of whether Trump should be protected by presidential immunity for his actions leading up to the Jan 6 riot. Trump’s team has argued that immunity should be absolute except when the Senate has impeached a president for the crime they are being charged with.
Extreme ideology
This argument made headlines when Trump’s lawyer argued that a president could even order the assassination of a political rival and still be protected from criminal prosecution, as long as they were not impeached in the Senate for that crime.
Making the rounds
Judge Tanya Chutkan rejected this argument, but Trump appealed to the DC Circuit Court of Appeals. If they also reject the argument, Trump could again appeal, this time to the full DC Circuit Court and, after that, the Supreme Court.
No fast track
In December, special counsel Jack Smith asked the Supreme Court to skip that process and decide on the immunity argument immediately. However, the Justices rejected his request.
Personal scandal
Revelations about Fulton County District Attorney Fani Willis, who brought the case against Trump and his co-defendants, have thrown the Georgia election interference trial into chaos. In January, an attorney for one of those co-defendants alleged that Willis had an improper relationship with a subordinate involved in the case.
The details
According to the allegations, Willis brought on this special prosecutor despite being underqualified for the role and then overpaid him. He then allegedly paid for vacations for the pair.
Potential issue
“If her choices to extend or prolong the investigation benefit a romantic partner, who is paying for her meals and vacations,” the Daily Beast explained, “that is an actual conflict.”
Not looking good
With so many delays, the chance of any of these cases resulting in a verdict before election day is quickly decreasing. Should Trump win, Vox reported, “some of those delays could become permanent, since he’d almost surely shut down the federal investigations targeting him.”
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