This will be Slate’s final edition of Keeping Up With the Trump Trials. You can read our older coverage of Trump’s legal entanglements here.
Donald Trump has been re-elected and is set to become the 47th president of the United States in January. Now all criminal proceedings against him have begun to wind down, because Justice Department policy prohibits the prosecution of a sitting president. Private attorney Jack Smith filed a motion Friday asking to vacate all deadlines in his Jan. 6 case until he decides his next step, and Judge Tanya Chutkan granted. Meanwhile, the fate of Trump’s sentencing in the silent money trial in New York remains uncertain.
In 2023, Trump filed more than 80 criminal charges across four criminal indictments: Manhattan District Attorney Alvin Bragg’s illicit money case, the classified Smith documents and January 6 cases, and the election interference case brought by Fulton County District Attorney Fani Willis. From the beginning, Trump’s defense attorneys aggressively engaged in delaying tactics to force prosecutors to slow their investigations and prevent Trump from facing a jury trial while running as the Republican presidential nominee for the third time.
These delaying tactics succeeded in slowing down both the federal cases and Willis’ case in Georgia, which became mired in scandal after the defense revealed a romantic relationship Willis had had with a prosecutor. However, the hush money case went to trial earlier this year, and Trump was found guilty of 34 criminal counts. But his biggest legal victory came from the Supreme Court, when it ruled that US presidents are immune from criminal prosecution for certain “official” acts they commit while in office.
I spoke with Dennis Fann, a former federal prosecutor and professor at Columbia Law, who explained how prosecutors can get to the bottom of their cases as Trump prepares to become the next commander-in-chief.
January 6 federal case
At the end of 2023, Judge Tanya Chutkan stayed Jack Smith’s election interference case while the Supreme Court considered Trump’s presidential immunity appeal — and it remained on pause for two months after the court issued its decision while Smith considered how to amend the charges in his suit. Indictment. On Friday, Smith asked Chutkan to vacate remaining pretrial deadlines “to give the government time to evaluate this unprecedented circumstance and determine the appropriate path forward consistent with Department of Justice policy.” Chutkan granted Smith’s request almost immediately.
Smith will formally announce what he intends to do in the case by December 2, although Justice Department policy states that sitting presidents cannot be prosecuted because it “would unconstitutionally undermine the ability of the executive branch to perform its mandated functions.” to it constitutionally.” This means that Smith may decide to drop his case against Trump, and even step down from his position as special counsel before Trump takes office.
Technically, the special counsel could keep the case going until the end of this year, because “that authority doesn’t go away once there’s a change in administration,” Fann said, but Smith’s latest suggestion suggests he likely won’t consider that route. Special consultants typically prepare a report at the end of their investigation summarizing their findings and recommendations on what to do next. Special Counsel Robert Mueller famously did so in 2019, after investigating the Trump campaign’s alleged links to Russian attempts to interfere in the 2016 presidential election. (Former Attorney General Bill Barr chose not to pursue charges.) Smith could deliver his report to the next attorney general, who would then decide what to do about the special counsel’s open case — and Trump’s next attorney general would almost certainly choose to dismiss it.
Jeremy Stahl The law should have locked him up Read more
Secret federal documents issue
US District Judge Eileen Cannon, based in Florida, dismissed that case in July, ruling that Smith’s appointment as special counsel was illegal and that it meant he did not have the authority to prosecute Trump. Her decision came after she spent a year issuing sympathetic rulings in favor of Trump.
Smith has appealed Cannon’s dismissal, and that appeal is currently being heard by the Eleventh Circuit Court of Appeals. Smith could continue to pursue this appeal through the end of the year, but the court may not move forward on the matter, given that Trump has been elected president again, and in a few short months, Smith will almost certainly no longer be a private person. advisor. “If I were in the 11th District, I would adjourn this district,” Fann said.
Smith could also cut his losses and officially rescind his appeal.
New York Hush Money Case
This is the only criminal case against Trump that has been brought to trial. In May, a jury found Trump guilty of 34 felony counts of hush money payments in the run-up to the 2016 election. New York Supreme Court Justice Juan Merchan had initially scheduled Trump’s sentencing for July. He postponed it twice, most recently until November 26, to avoid the perception that he was interfering in the elections.
Now Merchan has a big decision to make. Since justice delayed the ruling once for the election, Fan believes that “the actual election of Donald Trump to the presidency would be a greater reason to postpone the ruling further, and I doubt that Trump has any objection to that.” Merchant could postpone Trump’s sentencing for another four years, once he is out of the White House and a private citizen again. (As president, Trump will not be able to overturn his felony conviction because it came from a state court.)
Technically, Merchan could sentence Trump on November 26 as scheduled, although Fan believes that is highly unlikely. “You’re not going to say, ‘Hey, next week, go complete your community service and do 500 hours between Christmas and Jan. 20,’” Fan said. Trump’s lawyers will undoubtedly also argue against the current ruling, likely creating a lengthy lawsuit that will take time to resolve.
Georgia election interference case Democrats are forgetting what will actually happen when Trump takes office. The incoming Trump administration’s crackdown on abortion will be fast and brutal, and Trump has promised mass deportations. He couldn’t have done it without one group. Harris faced an impossible situation. I’ll give you a hint about what’s coming next.
This case, led by Fulton County District Attorney Fannie Willis, has been associated with drama and delay since the beginning of 2024. Earlier this year, the defendant in her case accused Willis of misconduct regarding her romantic relationship with special prosecutor Nathan Wade. Who she hired to work on her investigations. During a dramatic evidentiary hearing, Willis admitted he had a romantic relationship with Wade after his appointment, but denied any misconduct. A judge eventually ruled that she could stay on the election interference case as long as Wade resigned, which he did. (Willis won her re-election battle Tuesday.)
However, Trump’s defense attorney has appealed the judge’s decision, and for the past several months, the case has been paused until the Georgia Court of Appeals issues a final ruling on Willis’ status in the case — oral arguments are scheduled for December 5. . A final decision is expected in 2025. If Willis is allowed to stay in her case, she may not be able to prosecute Trump for the next four years, but she can still pursue charges against the other 18 defendants.
If the appeals court rules that Willis cannot continue with her case, she could be reassigned to another prosecutor, who will have to decide whether to keep her alive or drop the whole matter.
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