Justice Department to Pursue Trump Cases Beyond Election Day
The Justice Department plans to continue criminal proceedings against Donald Trump even if he wins the upcoming election. Department rules that prevent prosecuting a sitting president would only take effect after Inauguration Day in January, sources say.
Supreme Court Ruling on Presidential Immunity
The Supreme Court’s recent decision on presidential immunity may delay Trump’s trial for election interference in Washington, D.C., and has already impacted one of his state cases. Justice Department officials view the two federal indictments against Trump, the 45th president and likely Republican nominee, as operating under tight time constraints due to policies preventing the charging of a sitting president. However, these policies do not stop proceedings against a president-elect.
Legal and Political Uncertainty
If Trump wins the election, the Justice Department intends to file motions, seek court hearings, and possibly conduct trials between Election Day and Inauguration Day. This highlights the unique situation of prosecuting a former and potentially future president. Although a president-elect gains certain responsibilities, they are not the commander in chief, complicating legal proceedings.
Election’s Impact on Legal Proceedings
This election, where criminal cases have been central, pushes American politics into new territory. Courts will decide how to manage hearings or trials involving a president-elect. Anthony Coley, a former Justice Department spokesman, stated that the prosecution of Trump is based on law and facts, not the election calendar.
Current Official Views
Officials assert that if Trump wins, the federal cases against him will continue until January 20. A spokesman for special counsel Jack Smith declined to comment, while Trump spokesman Steven Cheung called the criminal cases “hoaxes.”
Supreme Court’s Decision Details
The Supreme Court’s 6-3 ruling grants presidents broad immunity for official acts but not for private actions. This decision affects Trump’s pending prosecution for allegedly obstructing the 2020 election results. Legal experts believe this will delay the trial until after the November election, as arguments over evidence continue.
Challenges Before 2024 Election
Justice Department officials doubted a federal trial for Trump before the 2024 election. Trump faces charges in Florida for mishandling classified documents and in Washington, D.C., for election obstruction. Both cases have experienced delays, making a pre-Inauguration Day trial unlikely.
Potential Legal Moves if Trump Wins
If Trump wins, his legal team might seek to dismiss charges or pause cases during his presidency. Trump also faces a criminal indictment in Georgia for allegedly conspiring to obstruct the 2020 election results, which may also be delayed due to the Supreme Court’s immunity ruling.
Effect on State Cases
In New York, Trump’s sentencing for falsifying business records has been postponed due to the Supreme Court ruling. The trial judge is reviewing Trump’s claim that his conviction should be overturned based on the immunity decision. Trump’s legal team argues that some trial evidence involved official conduct and should have been excluded.
These ongoing legal battles and their intersection with the presidential election create a complex and unprecedented scenario for American politics and justice.