America’s First Convicted Felon President: Trump’s Legal Cases

Donald Trump has once again made history, but not just by becoming the second president in U.S. history to serve two nonconsecutive terms (thanks, Grover Cleveland). He’s also the first criminal defendant to be elected to the country’s highest office. With a host of ongoing criminal cases against him, Trump’s return to the White House raises critical questions regarding the intersection of law, politics, and presidential power. What happens to his current slew of criminal cases?

New York Hush Money Trial

In May, Trump was unanimously convicted on 34 felony counts of falsifying business records to cover up hush money payments to porn star Stormy Daniels. These payments were allegedly designed to prevent a damaging sex scandal during the final months of the 2016 presidential campaign. Michael Cohen, Trump’s then-personal attorney, facilitated the $130,000 payment, which prosecutors argued amounted to an illegal attempt to influence the election. Although this New York criminal case was the only one to go to trial, Trump ultimately delayed his sentencing from Sept. 18 to Nov. 26, arguing that it would unfairly influence the presidential race. Since his re-election, this sentencing has been further delayed.

As presidential pardon power does not extend to state cases, Trump cannot pardon himself of already convicted charges, which means convictions will remain. In light of Hunter Biden’s recent pardon, Trump’s lawyers urged for his case to be dropped altogether, claiming that just like Hunter biden, Trump’s case was also “selectively, and unfairly, prosecuted.”

At the very least, his sentencing has been suspended indefinitely so as not to interfere with soon-to-be-presidential duties.

Federal Prosecutions

Last year, special counsel Jack Smith filed two cases against Trump: one for election interference and the other for hoarding top-secret documents and obstruction of justice. Both cases were unprecedented attempts to bring federal criminal charges against a former president.

However, neither of the cases made it to trial, and both are now off the table. On Dec. 2, Smith filed a request to drop both the federal election subversion and classified documents cases, writing, “This outcome is not based on the merits or strength of the case against the defendant.” According to a Department of Justice policy dating back to 1973, prosecuting or jailing a sitting president is prohibited in order to enable a president to best perform their duties. This policy creates a “presidential shield” of sorts against federal accountability, making Smith’s case dead in the water.

Previously, Trump declared he would not only fire Smith “within two seconds” of taking office, but deport him. He is also expected to fire Smith and install a new U. S. attorney general to drop any remaining federal charges.

Georgia Election Case

In August 2021, Fulton County District Attorney Fani Willis accused Trump and 17 of his allies – including former New York City Mayor Rudy Giuliani -- of engaging in a criminal conspiracy to overturn Georgia’s 2020 election results. Though Joe Biden narrowly won the state, Trump and his allies engaged in election interference by spreading false claims of voter fraud and pressuring state officials to alter the results. In phone calls with top state officials, including Gov. Brian Kemp and Georgia Secretary of State Brad Raffensperger, Trump urged election officials to “find” the 11, 000 votes needed for him to win the state. So far, four of the defendants have pleaded guilty, while Trump denies all charges and insists he acted within the bounds of his authority.

Despite the fact that Willis won her bid for reelection, Trump’s presidential immunity means that the Fulton County election interference case will likely be put on hold at least until 2029. As such, she faces significant obstacles in pursuing the case further. Legal experts believe that national interests supersede state interests, which makes it unlikely that a state-level prosecutor could pursue criminal charges against a sitting president. This delay, coupled with Trump’s immunity, frustrates accountability efforts and raises broader questions surrounding criminal justice and presidential power.

Broader Implications

In other words, winning the election is Trump’s “get out of jail free” card. While some of his legal troubles remain unresolved, his return to the White House effectively shields him from prosecution in multiple cases, both federal and state. His presidency opens an unprecedented discussion regarding the broader scope of presidential immunity and the future of moral culpability.