His return to the White House comes after a four-year hiatus marked by a barrage of legal challenges at both the federal and state levels, as well as several civil lawsuits.
According to The Post Millennial, Trump, during an October radio interview, pledged to dismiss special counsel Jack Smith "within two seconds" of his second-term inauguration, assuming Smith hadn't already vacated his position. "He may not have that opportunity," Fox News cautioned. "The DOJ, where Jack Smith works, cannot prosecute a sitting president. Fox News is informed that Jack Smith will have left his role as special counsel, meaning the cases will have been dismissed before Trump is sworn in at noon on January 20."
Smith is currently leading two federal cases against Trump. The first pertains to the events of January 6, with filing deadlines scheduled for November and December. The second case revolves around the Mar-a-Lago documents, where Trump is accused of unlawfully removing classified documents upon his departure from office. This case was dismissed by Judge Aileen Cannon, but Smith has been striving to overturn this decision.
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Trump's legal team is anticipated to request Judge Tanya Chutkan to cancel the filing deadlines in the January 6 case, as reported by Politico. In the Mar-a-Lago case, it is unlikely that Smith's appeal will progress before Inauguration Day.
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At the state level, the Georgia 2020 election case, initiated by Fulton County District Attorney Fani Willis, is still pending. The case has been on hold for an extended period as Willis awaits a hearing before the Georgia Court of Appeals on December 5 to determine her continued involvement in the case. Earlier this year, Willis faced criticism following revelations of a romantic relationship with Nathan Wade, a prosecutor hired for the case, leading to concerns about potential conflicts of interest.
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Politico noted that the appeal's outcome is almost irrelevant. Even if the case resumes, Trump can seek to have the charges dismissed or suspended during his presidency, citing presidential immunity. "And many legal experts, citing the principle that national interests prevail over state interests, believe the courts will never allow a state-level prosecutor like Willis to pursue criminal charges against a sitting president," Politico added. Even if Willis or her successor tries to resurrect the case after Trump's presidency, prosecuting a nearly decade-old case would be challenging.
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Trump has been found guilty in one case, the Manhattan falsified business records case brought by DA Alvin Bragg. His sentencing has been postponed multiple times, most recently to November 26. His attorneys are expected to argue against sentencing during Trump's presidential transition, and Judge Juan Merchan has yet to rule on presidential immunity in this case.
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If Trump is sentenced in November and incarcerated, his sentence would likely not commence until after his departure from the White House in 2029, as reported by Politico. If the sentence does not involve imprisonment but rather home confinement, Trump's lawyers are likely to request a delay, arguing it would hinder his ability to serve.
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Trump also faces three civil judgments totaling over half a billion dollars, and a fourth civil case is pending. While there is no prohibition against collecting private civil damages from a president, Trump's team could argue that proceeding with the lawsuits could affect his ability to serve.
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Trump has appealed the decisions in the civil fraud case brought by New York Attorney General Letitia James, and the decisions in the E Jean Carroll cases against him. The pending case against Trump was initiated by police officers and members of Congress related to January 6, suing Trump for damages.
