Donald Trump’s ability to swiftly move beyond his legal challenges as the president-elect will soon be tested in New York. Later this month, he faces a critical moment in the “hush-money” case, where he was previously convicted on 34 felony counts related to concealing a payment to adult-film actress Stormy Daniels in 2016. Prosecutors alleged the payment aimed to silence Daniels about an alleged affair to influence the 2016 election by preventing potentially damaging tabloid stories from surfacing. Now, Trump’s legal team is expected to seek a dismissal of the conviction, arguing the charges should be vacated given his new status as president-elect.
Justice Juan Merchan, who oversaw the trial, will face a significant decision: whether to proceed with Trump’s scheduled sentencing on November 26 or consider Trump’s request to dismiss the case altogether. Trump’s lawyers have signaled they intend to argue that his new position as president-elect should afford him immunity, citing a recent US Supreme Court ruling on presidential immunity. Judge Merchan has a self-imposed deadline of November 12 to rule on this request, leaving little time before the sentencing.
“We’re in uncharted territory,” said Robert Tsigler, a Manhattan-based criminal defense lawyer not involved in the case. “This has never happened before, so the exact path is very difficult to predict.” The New York case is just one of four major legal cases that loomed over Trump’s campaign for the White House. As president-elect, his legal situation remains complex, with two federal cases and a state-level case in Georgia, all of which may be influenced by his newly regained political power and authority.
“The American people have re-elected President Trump with an overwhelming mandate to Make America Great Again,” Steven Cheung, a Trump campaign spokesperson, said in a statement. “It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system, so we can, as President Trump said in his historic speech last night, unify our country and work together for the betterment of our nation.”
Trump had previously indicated that he intends to use his powers as president to end the federal prosecutions against him. Both federal cases, overseen by Special Counsel Jack Smith, could be influenced by guidelines that generally prevent a sitting president from facing criminal charges. These cases, one of which relates to his alleged attempts to overturn the 2020 election results and his role in the January 6 Capitol riot, could be dropped if Trump, as president, directs the Justice Department to do so. This potential executive intervention might eliminate the federal threat of imprisonment, which carries the possibility of decades in prison if convicted.
However, Trump’s influence is less clear in state-level cases, like the ongoing investigation in Georgia. In Georgia, Fulton County District Attorney Fani Willis has charged Trump with attempting to interfere with the 2020 election. Complicating matters further, an appeals court is set to consider a motion to remove Willis from the case next month due to her personal relationship with one of the prosecutors. Willis, recently re-elected, may face ongoing scrutiny and legal battles to retain control of the case.
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While the Constitution does not allow the president to control or dismiss state prosecutions, Trump’s legal team is likely to argue for either dismissing or indefinitely delaying the New York and Georgia cases. These challenges, along with the various procedural hurdles, add complexity to Trump’s legal path forward.
For now, Trump’s most immediate legal risk remains his sentencing in the hush-money case, where he faces up to four years in prison. Many legal experts believe that Trump will likely receive a reduced sentence or even probation, considering his status and political role. Trump’s attorneys are expected to argue that any punitive measures are inappropriate for someone on the brink of assuming the presidency, pressing for leniency from the judge.
“Trump’s legal team isn’t shy, so they’re going to be asking for every possible remedy, and I wouldn’t be surprised if the judge obliges,” Tsigler said. “It’s a whole different ball game now.”
