The Final Countdown: Trump’s Legal Cases Face Dramatic Shifts After Historic Re-election
In an unprecedented turn of events, Donald Trump’s return to the White House has set off a complex chain reaction across his numerous legal battles, with Special Counsel Jack Smith now plotting his exit strategy amid shifting legal landscapes.
The Justice Department faces a critical 75-day window to handle its most significant prosecutions, as longstanding policy prevents the prosecution of a sitting president. Smith, who has dedicated two years to constructing cases against Trump, is rapidly approaching January 20, 2025.
Major developments are unfolding across several fronts.
Federal Cases: The Unwinding Begins
Justice Department officials confirm that Smith is already in active discussions about shutting down the federal cases. His team faces two main challenges:
- The Classified Documents Case in Florida
- Washington, D.C. is home to the 2020 election interference case.
Legal experts outline several possible paths forward:
- Smith could withdraw charges proactively.
- He might release a comprehensive final report.
- He could continue pursuing cases until Trump’s inauguration.
Robert Kelner, a veteran defense attorney who previously represented Michael Flynn, believes that Smith is astute enough to recognize the potential consequences. “He may look for ways to complete the public record rather than aggressively pursuing the cases.”
New York State Case: Sentencing Dilemma
Judge Juan Merchan faces a unique challenge with Trump’s scheduled November 26 sentencing for falsifying business records. Expect Trump’s legal team to argue that, as president-elect, he deserves the same protections as a sitting president. They plan to:
- File motions to cancel the sentence.
- Appeal to higher courts if necessary.
- Potentially take the matter to the Supreme Court
Georgia RICO Case: Uncertain Future
District Attorney Fani Willis is facing new complications in the Fulton County case. Sources indicate that prosecuting a sitting president at the state level enters uncharted legal territory. The case already faces challenges due to:
- Questions about Willis’s potential disqualification
- There are constitutional concerns regarding the state’s prosecution of a president.
- Appeals could last well into 2025.
Civil cases: Continuing Battles
Despite presidential immunity not applying to civil cases, Trump faces ongoing litigation.
- E. Jean Carroll’s defamation cases
- New York issued a $454 million civil fraud judgment.
- Multiple January 6-related civil lawsuits
These cases may continue throughout Trump’s second term, following the Supreme Court’s 1997 ruling that presidents cannot claim immunity from civil litigation while in office.
Personal Stakes for Smith
The special counsel must also consider his own future. Trump has consistently singled out Smith, even advocating for his expulsion from the country. Trump ally Mike Davis issued a stark warning: “Dear Jack Smith: Lawyer up.”
Some experts, like former Obama White House ethics lawyer Norm Eisen, argue Smith should maintain his course until forced to stop: “He should consider whether he can proceed with the cases and require Trump to begin his administration with an outrageous act of self-help.”
However, former Attorney General Bill Barr advocates for a quick resolution: “It’s really a question of how the Justice Department is going to dismount from the limb it’s gotten itself out on. In terms of the public interest, the benefits are not worth the costs.
As January 20 approaches, the legal community watches closely to see how these unprecedented situations unfold. The resolution of these cases will likely shape the relationship between the presidency and the justice system for generations to come.