Last night's Republican steamroller would almost make us forget one issue – and even several – which concerns the new President of the United States: justice. Despite his numerous legal troubles, Donald Trump succeeded in his challenge to return to the White House, thereby repelling this threat. But where exactly are these procedures? We take stock.
The Stormy Daniels affair
This is THE big deal that still stands in his way: Donald Trump will find out on November 26, in New York, what his sentence is in this criminal trial. The Republican is accused of having paid $130,000, disguised as legal fees, to pornographic film star Stormy Daniels to keep quiet about a sexual relationship in 2006, which the person denies. He was convicted on May 30 of “aggravated accounting falsification to conceal a plot to pervert the 2016 election,” and theoretically faces up to four years in prison.
But the hypothesis that Judge Juan Merchan imposes a prison sentence on him, in the case of a first criminal conviction, now appears highly improbable in the face of the insurmountable practical difficulties that the incarceration of an elected president and then current president would raise, according to experts.
The attempt to overturn the presidential election in Washington
Donald is the subject of two federal proceedings, both investigated by special prosecutor Jack Smith, appointed by the Minister of Justice of the current Democratic administration, Merrick Garland. The Republican indicated at the end of October that he wanted, if elected, to “fire him in two seconds”.
The first case concerns his attempt to overturn the results of the 2020 election and takes place in Washington. The Supreme Court – which is favorable to him – recognized on July 1 that the now 47th President of the United States had a broad presumption of criminal immunity, forcing Jack Smith to present a revised indictment at the end of August.
The special prosecutor then developed his arguments to demonstrate the private nature of the acts for which Donald Trump is being prosecuted, which according to him are therefore not covered by criminal immunity for his “official acts”.
Documents classified in Florida
The second case investigated by Jack Smith concerns the retention of classified documents by Trump after his departure from the White House in 2021, and is located in Florida. On July 15, Judge Aileen Cannon quashed the proceedings on the grounds that the appointment of the special prosecutor and the financing of his work violated the sections of the Constitution relating to appointments and expenditures. This decision is currently under appeal.
For these two cases, Donald Trump could either appoint a new Justice Minister who would fire Jack Smith, or order his Justice Department to drop the charges. In particular, he may invoke the tradition of not prosecuting a sitting president.
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Interference in Georgia
Last ball and chain at the feet of the businessman, Georgia. In this state that Donald Trump has just won, he is being prosecuted with 14 other people for facts similar to those in his federal case in Washington, under a law of this state on organized crime.
In this case, which is bogged down at least until next year, everything will depend on the decision of the state appeals court, which received a request from the accused to withdraw from the prosecutor's office.
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