What’s happening with Trump’s legal battles?

By: Asa Montreaux

A lot of importance rests on the pivotal moment when Former President Donald Trump is either re-elected to office, or not elected. If he is re-elected to office, many, if not all, of his legal battles could dissipate, and in fact end.

On the flip-side, some of his trials may go ahead. As well, some charges may only be delayed for when the President has finished his last Presidential term. At that point, prosecution will continue.

And if Trump loses the election, it is very likely most of his trials will move forward, and the request for dismissals he has made will be denied. 

The recent Supreme Court Ruling made clear that issues not related to the duties of the Office of the President are open to prosecution. Although he has asked Judge Merchan to dismiss the case based on his Presidential Immunity, Merchan has previously affirmed the validity of the case. And if Trump is not elected, there will be little reason not to continue with the sentencing hearing. Without the Constitutional question of jailing a President, sentencing could proceed normally.

If elected, a jail sentence could be, Republicans argue, unconstitutional given that it obstructs the President’s ability to run the affairs of the country. However, the country could run in his absence, especially if it is a short one. The Vice-President and the Cabinet could stand in his place for day-to-day affairs, while policy goals will be left to be addressed when former President Trump returns from jail.

If convicted Trump plans to appeal immediately. Included while he is a President. Firings in the Justice Department by himself will ensure that he is giving the best chance of having cases overturned. Although that does not affect the Supreme Court itself, all critics of him will be silenced, and discredited, if he is elected.

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If former President Donald Trump loses the upcoming election, that could lead to convictions across multiple other high-stakes cases. One of the most significant cases involves special counsel Jack Smith's federal election interference investigation, in which Trump is charged with conspiracy to defraud the United States by attempting to overturn the 2020 election results. This case, initially scheduled for trial earlier in the year, was delayed pending a Supreme Court review of Trump’s claim to presidential immunity. However, the case will likely proceed even if Trump regains office, although he has vowed to quickly remove Smith if re-elected. Even without Smith, the case may still continue, as a judge would need to approve any request to dismiss it, and judicial approval is not guaranteed.

In addition, Trump faces a major state election interference case in Georgia, where he and several others are accused of conspiring to overturn the state’s 2020 election outcome. The trial is paused until December while an appeals court considers whether Fulton County District Attorney Fani Willis can remain on the case. If Trump loses, this case could move forward quickly, allowing Fulton County Judge Scott McAfee to set a trial date. Conversely, if Trump wins, his legal team may argue that his presidential duties would delay the trial until his term ends, potentially prolonging proceedings until after his presidency.

Meanwhile, the classified documents drags on. In July, U.S. District Judge Aileen Cannon dismissed the case, claiming Smith’s appointment as special counsel was invalid. However, Smith is appealing the dismissal, arguing that prior legal precedent supports his role and that the case should continue. Should Smith's appeal succeed, Trump could face trial on charges related to retaining sensitive materials after leaving office. Again, if Trump is elected, the firing of Smith would delay, and perhaps end proceedings.

Altogether, if Trump loses the election, these cases could gain heavy momentum, leading to potential convictions in several court cases.