Donald Trump: The results of the 2024 US elections have brought a big relief for Republican presidential candidate Donald Trump. This victory could lead to the dismissal of some serious criminal charges against Donald Trump, including federal cases.
Donald Trump faces serious allegations like New York hush money case, classified document case and election interference case. Currently he was exempted from punishment in these cases. According to an ABC News report, Karen Friedman Agnifilo, former head of the Manhattan District Attorney’s trial division, had said, “If he (Trump) wins, he will say goodbye to all criminal cases.” Friedman had also said that the former US President’s victory in the elections would act as a ‘get out of jail free card’ for him. What is the system in India: Under the Constitution, the President and the Governor of India are exempted from litigation. Under Article 361(2), no criminal proceedings shall be instituted or continued in any court against the President or the Governor of any State during his term of office. Under the same article, no process of arrest or imprisonment can be issued against the President or the Governor during his tenure. But if the President does any work in his personal capacity then a civil suit or civil case can be filed against him. They have to give two months written notice before filing the suit. The New York Hush Money Trial was the first criminal case against a former or current US president, in which Trump was convicted of falsifying business records to conceal a $130,000 payment made to adult film actress Stormy Daniels. This money was given to Daniels to remain silent before the White House presidential election in 2016. Stormy Daniels had claimed that Trump had sexual relations with her about a decade ago. However, Trump denied any such allegations and maintained his stance on the matter, vowing to appeal the decision. Also read- Explainer: How does a country get Olympic hosting, what is its process? Specifically, Trump can be sentenced to up to four years in jail on charges of falsifying business records. Trump faces 34 felony charges, the hearing of which is scheduled to take place on November 26, a few weeks after the presidential election. Manhattan Judge Juan M. Merchan gave significant relief to Trump in September. He had postponed the sentencing in the hush money case till after the presidential elections. Trump’s lawyers had requested a delay, citing several reasons, including the argument that punishing the former president and current Republican nominee during the election campaign would constitute election interference. According to the report of ABC News, most experts believed that jail sentence for Trump in this case was not possible. Citing a legal expert, the report suggested that if Trump wins the election, Judge Marchen could either impose a lighter sentence or delay the full sentence until Trump’s term is over. Read this also – Ratan Tata had inherited valuable guns, know who got their ownership rights. Federal cases against Trump Donald Trump is facing two federal cases brought by Justice Department’s special counsel Jack Smith. The first involves election interference in the 2020 White House race, and the second concerns the mishandling of classified documents. Supreme Court’s decision In July this year, the US Supreme Court ruled that Trump was entitled to immunity from criminal prosecution for certain actions taken during the last phase of his presidential term. The apex court gave a historic verdict in his favor by 6-3. In which the February 2024 decision of the Federal Appeals Court was rejected and reversed. It was ruled that Trump cannot claim immunity from prosecution for crimes related to his official acts. Classified Document CaseA few days after this decision, US District Judge Eileen Cannon dismissed the classified document case against Trump. The decision said that Attorney General Merrick Garland’s appointment of special counsel Jack Smith was ‘unconstitutional’. Notably, Cannon was appointed by Trump to the federal bench in South Florida in 2020. Also read- Explainer: Which are the 28 seats in the Jharkhand Assembly elections that can lock the fate of any party? In this case, Trump is accused of illegally possessing many classified documents after completing his tenure in the White House. He was accused of conspiring to keep and obstruct the government’s efforts to retrieve those files. These documents were recovered during a search of the former US President’s Mar-a-Lago property in August 2022. ABC News reports that after the case was dismissed, Smith asked the appeals court to reinstate it. “They argued that Judge Cannon’s decision on the special counsel could jeopardize the long-standing operations of the Justice Department and call into question hundreds of appointments in the executive branch.” A report has been quoted as saying that if Trump wins, prosecutors will have no option but to withdraw their appeal to reinstate the case. 2020 election interference caseTrump faces four federal charges for undermining the 2020 election results, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and interference with civil rights. Conspiracy against is involved. In this case too, Trump pleaded not guilty and insisted that the charges were a political move. Also read- Explainer: What are Madrassas, what is the education, who gives them money, when did they start? These allegations made by Special Counsel Smith are currently on hold, because Judge Tanya is in the light of the Supreme Court’s presidential immunity decision. Determines the direction of the proceedings of the case. Tanya has reportedly set a delayed schedule for the case, which will proceed long after the US elections. It is noteworthy that Trump had recently said that if he was elected, he would fire Smith within seconds. Speaking with podcast host Hugh Hewitt, he said, “It’s very simple. “I’ll take him out within two seconds.” Smith’s dismissal would likely mean the immediate end of the two cases. Overturning Trump’s 2020 election loss and mishandling classified documents. Trump also said that he did not believe that if he fired Jack Smith, he would be impeached. If Trump wins the election, his pledge to fire Smith will not be necessary. This is because the Justice Department has a long-standing policy of prohibiting prosecution of sitting presidents. Which means all federal cases against Trump could be halted immediately after his victory in the White House race. “The impeachment or criminal trial of a sitting President would unconstitutionally impair the ability of the executive branch to carry out its constitutionally entrusted functions,” the policy states on the Republican Party website. Also read – What is the thing for which India depends on Pakistan, is needed in 80 percent of the houses in the country Georgia election interference case In another state case, Trump has been accused of illegally trying to overturn the results of the 2020 election in Georgia. There is an allegation. However, the case has been stalled since June as District Attorney Fani Willis – who brought the case – is fighting efforts to disqualify her after his team discovered her relationship with a prosecutor. Arguments on whether Willis can continue the case are scheduled for Dec. 6. Meanwhile, Fulton County Superior Court Judge Scott McAfee, who is overseeing the Georgia election interference case, dropped two charges against Trump, saying they were beyond the state’s jurisdiction. Earlier in March, the judge had dismissed six counts of the indictment. A decision is also being challenged by prosecutors. Trump’s defense lawyer Steve Stadow told Judge McAfee last December that if Trump wins the US election, the trial will likely have to wait until he completes his term. “At this point, Trump has won on all four counts,” The Financial Times quoted Georgetown Law professor Paul Butler as saying. Speculations about Trump pardoning himself There is speculation that if Trump wins the race for the White House, he will pardon himself from the cases. However, till now no American President has pardoned himself. The Financial Times reported that Trump had raised this idea during his first presidential term. However, if the Justice Department dismisses the cases against Trump, he will not need to pardon himself. Tags: Donald Trump, President Donald Trump, US electionsFIRST PUBLISHED : November 6, 2024, 16:15 IST