What’s Next for Trump in His Ongoing Criminal Cases?

Former President Donald Trump returns to court on May 28, 2024 in New York City. Photo by Julia Nikhinson-Pool/Getty Images

Former President Donald Trump continues to face potential legal battles in four criminal cases, raising the prospect that a possible future presidency could be marked by continual litigation.

Trump notched partial legal victories over the summer as courts delivered rulings that weakened prosecutions in Georgia and Washington, and a federal judge dismissed the classified documents case brought against him in Florida.

None of these cases are expected to reach trial before the November election.

Although Trump was convicted in his New York trial, the judge could postpone sentencing until after the election.

If he wins reelection, Trump would have the ability to pardon himself in the federal cases against him, while his responsibilities as the commander in chief would give him a strong argument for thwarting any attempt to put him in prison in the other cases.

Federal Election Case

Special counsel Jack Smith filed a superseding indictment on Aug. 27 in his prosecution of Trump for alleged actions on and leading up to the events of Jan. 6, 2021.

The special counsel maintained his original four counts against Trump but adjusted the indictment to take into account the U.S. Supreme Court’s immunity ruling in the case. That decision found that presidents are immune from prosecution for official acts.

The indictment now omits allegations surrounding Trump’s interactions with the Justice Department.

The federal court must now sift through the remaining allegations to determine which can withstand the multilayered criteria for immunity set up by Chief Justice John Roberts’s majority opinion in the immunity-related appeal. The opinion held that presidents enjoy several tiers of immunity from prosecution: absolute immunity for acts that fall within their “conclusive and preclusive constitutional authority,” a presumption of immunity for their official acts, and no immunity for unofficial acts.

Even then, U.S. District Judge Tanya Chutkan’s decisions could face additional appeals before the District of Columbia Circuit Court of Appeals and the Supreme Court.

“The superseding indictment essentially renders moot any previous efforts to dismiss the previous indictment,” attorney David Gelman, a Trump campaign legal surrogate, told The Epoch Times.

“However, that does not mean that this new indictment cannot be challenged, or that it is the result of a fair grand jury presentation in compliance with the current state of the law. Just because Jack Smith contends his revised presentation was proper does not make it so.”

After the Supreme Court’s immunity decision, Chutkan rejected Trump’s motion to dismiss based on selective and vindictive prosecution. She also denied without prejudice a motion to dismiss on statutory grounds, but said Trump “may file a renewed motion once all issues of immunity have been resolved.”

A status conference is scheduled for Sept. 5.

Documents Case

U.S. District Judge Aileen Cannon threw a wild card into the mix of Trump’s legal battles when she ruled in July that Smith, the man overseeing two prosecutions against the former president, was not exercising legitimate authority.

Her decision must be affirmed by the U.S. Court of Appeals for the 11th Circuit in a pending appeal, or by the Supreme Court if the case goes that far.

If Cannon’s decision is upheld, it could upend both of Smith’s criminal prosecutions and force the Justice Department to revisit its longstanding use of special prosecutors.

The July decision paused what was already a lengthy docket from further developing. Even if Smith wins his appeal and the case returns to Cannon, it could take a long time to reach trial, andTrump could potentially pardon himself if he takes office.

In July, Cannon rejected a motion by Trump’s former valet, Walt Nauta, to dismiss charges brought against him based on vindictive and selective prosecution. Another motion to dismiss based on unconstitutional vagueness was rejected by Cannon in March.

Returning the case to Cannon could also require her to address questions raised by the Supreme Court’s holding on presidential immunity and how it applies to the documents case.

“I wouldn’t be surprised if Judge Cannon’s order is overturned by the 11th Circuit, which would be her third reversal in the Trump case,” former federal prosecutor Neama Rahmani told The Epoch Times.

New York Sentencing

Trump is currently scheduled to face sentencing in New York on Sept. 18, delayed from its initial date of July 11.

On Aug. 19, the court received a letter from Manhattan District Attorney Alvin Bragg’s office stating that it was deferring to the trial court judge, Juan Merchan, on whether to postpone sentencing until after the election.

The letter cited Trump’s intent to seek a presentencing appeal, which Trump attorney Todd Blanche signaled in a letter to Merchan earlier in the month. Blanche in his letter argued that sentencing was unnecessary because “dismissal and vacatur of the jury’s verdicts are required based on Presidential immunity.”

It’s unclear how Merchan will act, but he has already indicated that he is hesitant to send Trump to prison.

Merchan nonetheless said he was open to incarcerating the former president if he continued to violate a gag order Merchan issued in the case. On Aug. 28, Trump posted to Truth Social that Merchan’s gag order was “horrible and unAmerican.”

Attorneys previously told The Epoch Times that Trump’s status as president would preclude him from staying in prison after inauguration. He was convicted of class E felonies, the lowest tier in the state of New York. Each count carries a maximum sentence of four years, although newspaper archives and court records have shown that defendants usually don’t receive prison time for this type of felony.

“I don’t think Trump will be sentenced to jail in the New York case,” Rahmani told The Epoch Times. “Home confinement is unlikely during a presidential election, and incarceration with Secret Service protection is even less likely and a logistical nightmare.”

Georgia Election Case

Fulton County District Attorney Fani Willis in Georgia has been pursuing a racketeering case against Trump and others, alleging an illegal scheme to overturn the results of the 2020 election. Her prosecution stalled earlier this year when a defense attorney filed a motion to disqualify her amid revelations of her personal relationship with one of her prosecutors, Nathan Wade.

Fulton County Judge Scott McAfee, who presided over a review of charges brought against Willis, ultimately allowed her to remain on the case, but the issue is headed to the Georgia Court of Appeals and won’t reach oral argument until Dec. 5, well after Election Day.

Trump’s lawyers told the Georgia Court of Appeals on Aug. 26 that Willis had committed a severe violation of the state’s legal guidelines. The former president’s lawyers pointed to  remarks she gave at a church service suggesting there was racial animus behind the motion to disqualify her. McAfee previously said the speech wasn’t grounds for her disqualification, and Fulton County prosecutors had said that her speech at the church was vague and that she was not speaking about anyone in particular.

Assuming Willis remains on the case and is able to secure a conviction, any attempt to put Trump in prison would face the same roadblock faced by prosecutors in New York if Trump enters the White House. That’s because the case is a state-level prosecution and Trump would be a federal official empowered to exercise power vital to the government’s functioning.

The Supreme Court’s immunity ruling, which stemmed from an appeal in Trump’s Washington case, is also expected to affect the Georgia prosecution since the charges there are similar to those raised in the Washington case.

The Associated Press and Epoch Times reporter Jack Phillips contributed to this report.