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By Mae Slater on
 September 16, 2024

Trump Legal Battles Aren't Moving Forward, Election Will Be A Referendum On Democrat Lawfare

The four criminal indictments and a criminal conviction against former President Donald Trump have to come to a complete stop according to The Daily Caller.

The judicial process has stalled significant trial progress as judges address pretrial issues and appeals, allowing Trump to leverage legal setbacks to maintain his focus on the election campaign.

Former President Donald Trump is campaigning for a second term despite facing numerous legal challenges.

Last year, Trump was charged with 91 felony counts across two federal and two state cases.

These charges include falsifying business records related to payments to Michael Cohen and Stormy Daniels. Less than two months away from election day, his attorneys have largely succeeded in stalling the cases, and progress remains limited due to ongoing appeals.

First Indictment Leads to Conviction

Democratic Manhattan District Attorney Alvin Bragg brought the first indictment against Trump in April 2023, resulting in a conviction. Trump was found guilty on all 34 counts associated with falsifying business records. His sentencing was originally scheduled before the Republican National Convention in July but has since been postponed multiple times.

In addition, the Supreme Court ruled on July 1 that former presidents are immune from prosecution for official acts taken while in office. This ruling influenced Trump's federal election interference case in Washington, D.C., where Judge Tanya Chutkan rejected Trump's presidential immunity claim in early December.

However, Chutkan ensured that no trial would occur before the election, indicating the possibility of undisclosed evidence being made public.

Judge Juan Merchan postponed Trump's sentencing initially set for September 18, then further to November 26. Merchan cited that imposing a sentence close to the election might seem like it was trying to affect the presidential race.

Adding to the complexity, Judge Aileen Cannon dismissed Trump's federal classified documents case, deeming Special Counsel Jack Smith’s appointment unconstitutional. Smith is currently appealing this decision.

In Georgia, legal proceedings also faced obstacles due to an improper relationship between District Attorney Fani Willis and prosecutor Nathan Wade. Consequently, charges against Trump in Georgia were reduced from 13 to 8.

Potential Outcomes Depend on Election Results

Experts consider this election pivotal. Jonathan Turley, a law professor at George Washington University, described the election as potentially the “largest jury verdict in history.” If Trump wins, federal cases against him may be dropped; if he loses, he could be entangled in legal battles for years.

Questions remain about the enforceability of state prison sentences for a sitting president.

Legal expert Gregory Germain commented on the potential constitutional crisis that could emerge if Trump's state criminal cases lead to prison sentences.

“It’s remarkable that none of them have had any significant impact,” noted legal analyst Philip Holloway. “In the end, it looks like Trump is going to do very, very well in all of these cases, especially considering how many of them there were.”

Judge Chutkan mentioned the risks involved in her decisions, highlighting, “I’m risking reversal no matter what I do.” Turley added that this may result in Jack Smith never seeing a jury in the federal election interference case.

Philip Holloway explained, “At a minimum, they would be stalled, but more likely than not, they would be dead in the water.” His remarks reflected on how Trump's defenses have prolonged the proceedings, effectively minimizing their impact on his campaign.

Germain emphasized, “It is not clear whether a state prison sentence could be implemented against a sitting president, or how it could be implemented, or whether some sort of federal supremacy would prevent the states from interfering with the activities of an elected president.”

“If either of the state criminal cases results in a prison sentence, another constitutional crisis is likely,” Germain concluded.

Written By:
Mae Slater

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