{"id":15304,"date":"2024-11-08T23:11:54","date_gmt":"2024-11-08T23:11:54","guid":{"rendered":"https:\/\/lonecandle.com\/?p=15304"},"modified":"2024-11-08T23:11:54","modified_gmt":"2024-11-08T23:11:54","slug":"the-criminal-cases-against-donald-trump-are-now-basically-dead","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=15304","title":{"rendered":"The criminal cases against Donald Trump are now basically dead"},"content":{"rendered":"\n

“President-elect Donald Trump was indicted four times<\/a> \u2014 including two indictments arising out of his failed attempt to steal the 2020 election. One of these indictments even yielded a conviction<\/a>, albeit on 34 relatively minor charges of falsifying business records.<\/p>\n\n\n\n

But the extraordinary protections the American system gives to sitting presidents will ensure that Trump won\u2019t be going to prison. He\u2019s going to the White House instead.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“Two of the indictments against Trump are federal, and two were brought by state prosecutors in New York and Georgia. The federal indictments (one about Trump\u2019s role in fomenting the January 6 insurrection<\/a>, and the other about his handling of classified documents<\/a>) are the most immediately vulnerable. Once Trump becomes president, he will have full command and control over the US Department of Justice, and can simply order it to drop all the federal charges against him. Once he does, those cases will simply go away.<\/p>\n\n\n\n

The White House does have a longstanding norm of non-interference with criminal prosecutions<\/a>, but this norm is nothing more than that \u2014 a voluntary limit that past presidents placed on their own exercise of power in order to prevent politicization of the criminal justice system. As president, Trump is under no constitutional obligation to obey this norm. He nominates the attorney general, and he can fire the head of the Justice Department at any time.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“The fate of the state charges against Trump is a little more uncertain, in large part because there\u2019s never been a state indictment of a sitting president before, so there are no legal precedents governing what happens if a state attempts such a prosecution (or, in the case of New York, to impose a serious sentence on a president who was already convicted).<\/p>\n\n\n\n

It is highly unlikely that the state prosecutions can move forward, however, at least until Trump leaves office. On the federal level, the Department of Justice has long maintained that it cannot indict a sitting president for a variety of practical reasons<\/a>: The burden of defending against criminal charges would diminish the president\u2019s ability to do their job, as would the \u201cpublic stigma and opprobrium occasioned by the initiation of criminal proceedings.\u201d Additionally, if the president were incarcerated, that would make it \u201cphysically impossible for the president to carry out his duties.\u201d<\/p>\n\n\n\n

There\u2019s little doubt that the current Supreme Court, which recently held that Trump is immune to prosecution for many crimes he committed while in office<\/a>, would embrace the Justice Department\u2019s reasoning.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“These same practical considerations would apply with equal force to a state prosecution of a president, and there\u2019s also one other reason why a constitutional limit on state indictments of the president makes sense. Without such a limit, a state led by the president\u2019s political enemies could potentially bring frivolous criminal charges against that president.”<\/p>\n\n\n\n

https:\/\/www.vox.com\/donald-trump\/383152\/donald-trump-criminal-indictments-supreme-court-reelected<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“President-elect Donald Trump was indicted four times \u2014 including two indictments arising out of his failed attempt to steal the 2020 election. One of these indictments even yielded a conviction, albeit on 34 relatively minor charges of falsifying business records.<\/p>\n

But the extraordinary protections the American system gives to sitting presidents will ensure that Trump won\u2019t be going to prison. He\u2019s going to the White House instead.”<\/p>\n

…<\/p>\n

“Two of the indictments against Trump are federal, and two were brought by state prosecutors in New York and Georgia. The federal indictments (one about Trump\u2019s role in fomenting the January 6 insurrection, and the other about his handling of classified documents) are the most immediately vulnerable. Once Trump becomes president, he will have full command and control over the US Department of Justice, and can simply order it to drop all the federal charges against him. Once he does, those cases will simply go away.
\nThe White House does have a longstanding norm of non-interference with criminal prosecutions, but this norm is nothing more than that \u2014 a voluntary limit that past presidents placed on their own exercise of power in order to prevent politicization of the criminal justice system. As president, Trump is under no constitutional obligation to obey this norm. He nominates the attorney general, and he can fire the head of the Justice Department at any time.”<\/p>\n

…<\/p>\n

“The fate of the state charges against Trump is a little more uncertain, in large part because there\u2019s never been a state indictment of a sitting president before, so there are no legal precedents governing what happens if a state attempts such a prosecution (or, in the case of New York, to impose a serious sentence on a president who was already convicted).
\nIt is highly unlikely that the state prosecutions can move forward, however, at least until Trump leaves office. On the federal level, the Department of Justice has long maintained that it cannot indict a sitting president for a variety of practical reasons: The burden of defending against criminal charges would diminish the president\u2019s ability to do their job, as would the \u201cpublic stigma and opprobrium occasioned by the initiation of criminal proceedings.\u201d Additionally, if the president were incarcerated, that would make it \u201cphysically impossible for the president to carry out his duties.\u201d<\/p>\n

There\u2019s little doubt that the current Supreme Court, which recently held that Trump is immune to prosecution for many crimes he committed while in office, would embrace the Justice Department\u2019s reasoning.”<\/p>\n

…<\/p>\n

“These same practical considerations would apply with equal force to a state prosecution of a president, and there\u2019s also one other reason why a constitutional limit on state indictments of the president makes sense. Without such a limit, a state led by the president\u2019s political enemies could potentially bring frivolous criminal charges against that president.”<\/p>\n

https:\/\/www.vox.com\/donald-trump\/383152\/donald-trump-criminal-indictments-supreme-court-reelected<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[744,280,221,372,222,170],"class_list":["post-15304","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-crime","tag-criminal-justice","tag-donald-trump","tag-election","tag-president","tag-trump"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15304"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15304\/revisions"}],"predecessor-version":[{"id":15305,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15304\/revisions\/15305"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}