If he loses, he faces the threat of being sentenced later this month to jail time in New York.
Republican presidential nominee former President Donald Trump speaks after voting on Election Day at the Morton and Barbara Mandel Recreation Center, Tuesday, Nov. 5, 2024, in Palm Beach, Fla. For Donald Trump, the outcome of Tuesday’s election is about more than winning the White House — it’s also about the future of criminal cases that put him at risk of spending time behind bars.
The most immediate legal threat to Trump is a Nov. 26 sentencing by a New York state judge in the so-called hush money case — the only one that’s gone to trial so far. If Trump wins, his legal team will have fresh arguments to try to cancel the sentencing and have the case tossed out entirely.In May, a New York jury found Trump guilty of 34 felony counts for falsifying business records to conceal a $130,000 payment to former adult-film actress Stormy Daniels before the 2016 election.
If Trump wins: The judge could call off the sentencing to avoid concerns around the president-elect appearing in criminal court and the case could be adjourned until Trump’s term is over. Trump’s lawyers could also fight to have the verdict tossed out in light of an election win. Smith, seeking to keep the case alive, in August filed an updated indictment that removed some details that could be affected by the SCOTUS ruling, but included the same claims against Trump.
U.S. District Judge Aileen Cannon dismissed the case in July after ruling that Smith’s appointment was unconstitutional. The Trump-appointee determined that Congress hadn’t given Attorney General Merrick Garland authority to appoint a private citizen as a special counsel. The government has appealed, arguing the ruling veered from decades of legal tradition upholding the work of special prosecutors in high-profile criminal cases.
The case has also been put on hold until an appeals court resolves whether Willis should be removed because of a romance with one of the prosecutors.
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