Read The Times Australia

Daily Bulletin

With Trump returning to the White House, what will happen to his court cases?

  • Written by: Markus Wagner, Professor of Law and Director of the UOW Transnational Law and Policy Centre, University of Wollongong

US President-elect Donald Trump achieved a resounding victory on several fronts. He will comfortably govern with a likely majority in the Senate and the House of Representatives, with little to no opposition from Republican members of Congress.

Having reshaped the US federal judiciary, and especially the Supreme Court, to his liking in his first term, he now has the chance to cement this judicial legacy for decades.

But he is also the first sitting or former president to be criminally convicted. As with many things Trump, this is uncharted territory.

Until election day, the then-former president faced the possibility of spending decades behind bars. The two federal indictments against Trump will disappear either before or shortly after his inauguration. While Trump cannot wave a magic wand over the two cases before state courts, his chances of having to govern from prison are slim.

The federal cases

The two federal cases are the easiest for Trump to get out of. Attorney-General Merrick Garland appointed Jack Smith as special counsel for the two cases against Trump over his efforts to undermine the 2020 elections and his handling of classified documents after stepping down from the presidency in 2021.

In June and July 2023, Trump was charged with dozens of felonies over retaining classified records after he had left the White House. In an often protracted and baffling pretrial process, the judge first postponed and then dismissed the case entirely on July 15 2024. Trump appointee Judge Aileen Cannon found Smith’s appointment was unconstitutional. The decision is under appeal.

On August 1 2023, Smith charged Trump with four crimes pertaining to federal election interference in connection with events prior to and on January 6 2021. Trump’s lawyers argued he was immune from prosecution because he acted in his official capacity as president. The Supreme Court stepped in and raised the bar for prosecuting presidents.

Along ideological lines, the court decided that presidents have “absolute immunity” for their “core constitutional powers” and “presumptive immunity” for all other official acts. The case was handed back to the trial court to determine if the charges should be partly or wholly dismissed.

Shortly before the 2024 election, Trump reiterated that he “would fire [Smith] within two seconds. He’ll be one of the first things addressed”. There are no constitutional or legal barriers to a president directing the attorney-general to dismiss federal cases against a president.

It may not have to come to that. A 1973 memorandum from the Office of Legal Counsel (OLC), situated within the US Justice Department, argued against the prosecution of a sitting president. Confirming its Watergate-era findings, another OLC memorandum from 2000 stated plainly:

[T]he indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.

Smith has already indicated he will likely wind the cases down.

The same rationale was used by former special counsel Robert S. Mueller in the 2019 investigation into Trump and his associates over the interference of Russia in the 2016 elections. In deciding not to pursue criminal charges against Trump, who was then president, the Mueller report relied on that memo.

The Georgia and New York cases

Trump has no formal power over state prosecutions once he assumes the presidency.

The Georgia case involves numerous charges, including an indictment over racketeering in connection with the 2020 elections. The case hit a snag when state prosecutor Fani Willis was accused of having a financial conflict of interest due to hiring Nathan Wade, with whom she had a relationship, as a special prosecutor in the case.

Trump and some of the other defendants tried to get Willis disqualified, a motion that was denied by Georgia courts. The decision is under appeal, with oral arguments scheduled for December 5 2024. The trial court proceedings are on hold, pending the outcome of the appeal.

Should Trump be convicted, he could appeal to a likely amenable Georgia State Board of Pardons and Paroles, which is appointed by the Republican state governor.

Trump was found guilty in a case concerning the falsification of business records in the so-called “hush money case” involving a former adult film star. After a six-week trial in which Trump was held in contempt of court twice, it took a unanimous Manhattan jury less than two days to hand down a guilty verdict on all 34 felony charges brought against him by the Manhattan district attorney. Trump’s lawyers were successful in delaying his sentencing hearing, which is now set for November 26 2024. His punishment could range from a fine to prison time.

Had Trump lost the 2024 election, he would have been sentenced in New York on November 26, and possibly in Georgia at a later stage, if convicted.

Now that he has prevailed, his lawyers are arguing the cases should be thrown out (a hearing has been set for November 12). If that doesn’t work, they may lean on the untested argument that the supremacy clause of the US Constitution prevents state courts from sentencing a president-elect. If judge Juan Merchan decides against Trump, he would have the chance to appeal, including all the way to the US Supreme Court.

The most likely scenario is that Merchan will apply the spirit of the OLC legal memorandum. While it technically applies only to sitting presidents and only binds federal agencies, the requirements of a president-elect make it plausible that Trump’s hearing or his punishment would be postponed at least until he steps down or his term ends in 2029.

The January 6 defendants

Trump’s victory hasn’t only given him temporary respite from criminal punishment. Given his past statements about what happened on January 6 2021, he may also agree to pardon those who have either been convicted or who still face prosecution for the storming of the Capitol. The first applications to delay sentencing until after the Trump inauguration have already been made.

This would be yet another first in US history.

Authors: Markus Wagner, Professor of Law and Director of the UOW Transnational Law and Policy Centre, University of Wollongong

Read more https://theconversation.com/with-trump-returning-to-the-white-house-what-will-happen-to-his-court-cases-243128

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...