You are currently viewing Explainer: If the case doesn’t start in India as soon as he becomes president, then what happens to Trump in America?

Explainer: If the case doesn’t start in India as soon as he becomes president, then what happens to Trump in America?

Donald Trump: The results of the 2024 US elections have brought great relief for Republican presidential candidate Donald Trump. This victory could lead to the dismissal of some serious criminal charges against Donald Trump, including federal cases. Donald Trump is facing serious allegations such as the New York hush money case, the confidential documents case and the election interference case. He is currently unpunished in these cases.

According to a report by ABC News, Karen Friedman Agnifilo, former head of the trial division of the Manhattan district attorney, had said: “If he (Trump) wins, he will say goodbye to all criminal cases.” Friedman had also said that the victory of the former U.S President in the elections would act like a “get out of jail free card” for him.

What system is there in India?
According to the Constitution, the President and the Governor of India are immune from legal proceedings. According to Article 361(2), no criminal proceedings shall be instituted or continued against the President or the Governor of a State during his term of office. According to the same article, no proceedings for arrest or detention may be initiated against the President or the Governor during their term of office. However, if the president is working in his personal capacity, a civil lawsuit or proceeding may be filed against him. You must give two months’ notice before filing the lawsuit.

New York hush money trial
This was the first criminal case against a former or current U.S. president in which Trump was convicted of falsifying business records to conceal a $130,000 payment to adult film actress Stormy Daniels. This money was given to Daniels to keep quiet before the White House presidential election in 2016. Stormy Daniels alleged that Trump had sexual relations with her about a decade ago. However, Trump denied all such allegations, maintained his stance on the matter and said he would appeal the decision.

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Specifically, Trump could be sentenced to up to four years in prison for falsifying business documents. Trump is charged with 34 criminal offenses and the hearing is scheduled to take place on November 26th, a few weeks after the presidential election.

Manhattan Judge Juan M. Merchan granted Trump significant relief in September. He had postponed the announcement of the verdict in the hush money trial until after the presidential election. Trump’s lawyers had requested a postponement, citing several reasons, including arguing that punishing the former president and current Republican candidate during the campaign would constitute election interference.

According to the ABC News report, most experts believed that a prison sentence for Trump was not possible in this case. Citing a legal expert, the report suggested that if Trump wins, Judge Marchen could either impose a more lenient sentence or delay execution of the sentence until Trump’s term expires.

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Federal case against Trump
Donald Trump is facing two federal lawsuits filed by Justice Department special counsel Jack Smith. The first concerns interference in the 2020 White House election and the second concerns the mishandling of classified documents.

Supreme Court decision
In July this year, the US Supreme Court ruled that Trump was entitled to immunity from prosecution for certain actions in the final phase of his presidency. The Supreme Court made a historic 6-3 ruling in his favor. The decision of the Federal Court of Appeal from February 2024 was rejected and overturned. It was decided that Trump cannot claim immunity from prosecution for crimes related to his official actions.

Classified information case
A few days after this decision, US District Judge Eileen Cannon dismissed the confidential documents lawsuit against Trump. The decision said Attorney General Merrick Garland’s appointment of special counsel Jack Smith was “unconstitutional.” Notably, Cannon was appointed by Trump to the federal bench in South Florida in 2020.

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In that case, Trump was accused of illegally possessing several classified documents after his term in the White House ended and of conspiring to obstruct the government’s efforts to retrieve those files. These documents were seized during a search of the former US president’s Mar-a-Lago estate in August 2022.

ABC News reports that after the case was dismissed, Smith asked the appeals court to reopen the case. “They argued that Judge Cannon’s decision to become special counsel could jeopardize the Justice Department’s longstanding operations and call into question hundreds of executive branch appointments.” One report said that if Trump wins, prosecutors would have no choice but to do so to withdraw their appeal for a retrial.

2020 election interference case
Trump is charged with four counts of subverting the 2020 election results, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, and attempted conspiracy to commit perjury. Trump also pleaded not guilty in that case, insisting that the charges were a political move.

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The allegations made by Special Counsel Smith are currently on hold as Judge Tanya determines the future course of the trial in light of the Supreme Court’s ruling on presidential immunity. Tanya has reportedly set a delayed timeline for the case to continue long after the US elections.

Notably, Trump recently said he would fire Smith within seconds if elected. Speaking to podcast host Hugh Hewitt, he said: “It’s quite simple. I’ll take him down in two seconds. Smith’s firing would likely mean an immediate end to the two cases. Overturning Trump’s 2020 election defeat and misuse of secret documents. Trump also said he didn’t believe Jack Smith would be charged if he fired him.

If Trump wins the election, his promise to fire Smith would not be necessary. This is because the Justice Department has long banned the criminal prosecution of sitting presidents. That means all federal cases against Trump could be dropped immediately after his victory in the race for the White House. “Impeachment or prosecution of a sitting president would unconstitutionally impair the ability of the executive branch to carry out its constitutionally mandated functions,” the policy states on the Republican Party website.

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Georgia election interference case
In another federal case, Trump is accused of illegally trying to overturn the results of the 2020 election in Georgia. However, the case has been stalled since June as District Attorney Fani Willis – who filed the case – fights efforts to disqualify her after his team discovered her relationship with a prosecutor. Arguments over whether Willis can continue the case are scheduled for Dec. 6.

Meanwhile, Fulton County Superior Court Judge Scott McAfee, who is overseeing Georgia’s election interference case, dropped two charges against Trump, saying they were outside the state’s jurisdiction. At the beginning of March, the judge dismissed six charges. A decision is also being appealed by the public prosecutor’s office.

Trump defense attorney Steve Stadow told Judge McAfee last December that if Trump won the U.S. election, the trial would likely have to wait until Trump had completed his term in office. “At this point, Trump has won on all four cases,” the Financial Times quoted Georgetown law professor Paul Butler as saying.

Speculation about Trump pardoning himself
There is speculation that Trump will pardon himself from the cases if he wins the race for the White House. However, no American president has yet forgiven himself. The Financial Times reported that Trump raised the idea during his first term as president. However, if the Justice Department dismisses the cases against Trump, he will not have to pardon himself.

Keywords: Donald Trump, President Donald Trump, US elections

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