Trump's victory spells doom for his criminal cases — but he's not off the hook for $570 million in civil fines

2 weeks ago 8

Republican statesmanlike nominee and erstwhile U.S. President Donald Trump takes the signifier pursuing aboriginal results from the 2024 U.S. statesmanlike predetermination successful Palm Beach County Convention Center, successful West Palm Beach, Florida, U.S., November 6, 2024. 

Callaghan O'hare | Reuters

President-elect Donald Trump's 2024 presidential campaign was stalked by the persistent menace that if helium lost, helium would person to combat disconnected a raft of transgression charges successful authorities and national courts.

With his comeback victory implicit Vice President Kamala Harris successful the books, Trump tin remainder easy. Once successful office, helium volition apt beryllium capable to importantly hold oregon extremity each of the transgression proceedings that person been lodged against him.

But helium has not yet escaped from liability successful a fistful of high-profile civilian cases, wherever helium has been ordered to wage combined penalties of implicit $570 million.

"In theory, determination should beryllium nary effect" from Trump's predetermination connected those civilian matters, erstwhile national authoritative Neama Rahmani told CNBC.

"It's good established that portion a sitting president can't beryllium prosecuted, helium tin look civilian cases," Rahmani said.

Trump has said helium plans to quickly fire his ain Department of Justice prosecutor, peculiar counsel Jack Smith, who has spent the past 2 years mounting superior transgression cases against the erstwhile president successful 2 national courts.

Both of those cases had already been tripped up by anterior tribunal rulings. Smith's Washington, D.C., lawsuit charging Trump with illegally trying to overturn the 2020 predetermination was efficaciously narrowed and delayed by a Supreme Court ruling that granted ex-presidents presumptive immunity for their authoritative acts successful office.

Smith is presently moving to revive his different lawsuit charging Trump with mishandling classified documents and obstruction, aft it was dismissed successful July by Florida national Judge Aileen Cannon.

Those cases are present each but guaranteed to beryllium scrapped entirely, either nether unit from Trump's ineligible squad oregon by Smith's squad voluntarily closing up shop.

"Now that Trump has won, his transgression problems spell away," Rahmani said.

"It's good established that a sitting president can't beryllium prosecuted, truthful the predetermination fraud lawsuit successful D.C. District Court volition beryllium dismissed, and the DOJ volition wantonness its Eleventh Circuit entreaty of the dismissal of the classified documents case," helium said.

A state-level transgression lawsuit successful Georgia, alleging Trump illegally meddled successful that state's 2020 election, is besides connected ice. That lawsuit has already been enactment connected clasp arsenic Trump seeks to disqualify Fulton County District Attorney Fani Willis owed to a romanticist narration she had with a pb prosecutor.

Whether oregon not Willis is allowed to enactment on, her lawsuit whitethorn beryllium postponed for the adjacent 4 years, successful accordance with longstanding federal guidelines that sitting presidents are immune from prosecution.

Only 1 of the 4 transgression cases Trump was charged with went to proceedings earlier the election: the New York lawsuit centered connected a hush wealth outgo to porn prima Stormy Daniels anterior to the 2016 election.

That lawsuit ended successful precocious May with a assemblage uncovering Trump blameworthy connected 34 felony counts of falsifying concern records.

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It made Trump the archetypal U.S. president, existent oregon former, ever to beryllium convicted of crimes. His sentencing date, initially scheduled for mid-July, was repeatedly postponed and is present acceptable for Nov. 26.

Judge Juan Merchan could enforce a jailhouse condemnation connected Trump, but galore ineligible experts person expressed uncertainty that helium would bash so. And the judge, whose anterior decisions to hold Trump's sentencing were partially based connected his information of the case's unsocial circumstances, whitethorn beryllium reluctant to mete retired a punishment connected the president-elect.

Trump's triumph makes the already distant anticipation of an incarceration condemnation "logistically intolerable and a certainty that helium won't person immoderate time," Rahmani said.

Trump's civilian cases, however, should not beryllium affected by his election, experts said.

In February, New York Judge Arthur Engoron ordered Trump to wage much than $450 cardinal successful penalties aft uncovering him liable for concern fraud.

The case, brought by New York Attorney General Letitia James, accused Trump, his 2 big sons, his institution and others of falsely inflating Trump's assets to boost his stated nett worthy and get assorted fiscal perks.

Engoron's punishment includes millions of dollars successful prejudgment involvement that increases by $111,983 each time until it is paid.

Based connected figures provided by the AG's office, Trump's liability arsenic of Wednesday totaled astir $483 million.

Trump has appealed Engoron's ruling. A sheet of 5 judges connected a New York appeals tribunal powerfully questioned the validity of the AG's lawsuit during oral arguments successful September, Politico reported. The appeals tribunal has yet to contented a ruling.

Unlike successful the transgression cases, Trump's statesmanlike triumph volition person nary nonstop interaction connected the fraud case, said Stephen Gillers, a prof astatine New York University Law School.

"There is nary ineligible ground to hold the earthy advancement of the lawsuit done the appellate process," Gillers told CNBC successful an email.

"Trump does not person to look successful an appellate court. The entreaty volition not interfere with his obligations arsenic president-elect oregon arsenic president," helium said. "Basically, it's successful the hands of the lawyers and the appellate courts now."

He added that portion the courts whitethorn accommodate his engaged statesmanlike schedule, they "will not hold the lawsuit for 4 years."

Gillers took the aforesaid presumption connected the 2 national civilian defamation cases that columnist E. Jean Carroll won against Trump.

The president-elect has been ordered to wage Carroll much than $88 cardinal successful defamation penalties stemming from statements helium made arsenic president aft the writer alleged helium had raped her successful the 1990s.

After Trump was projected to triumph the race, Carroll wrote connected X, "I tried to archer you."

Lawyers for Trump did not instantly respond to CNBC's requests for remark connected however the predetermination affects his ineligible circumstances.

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