By Steve Neavling
Donald Trump has not only defeated Kamala Harris in the presidential race; he has also overcome the legal system that sought to imprison him.
As the first former president ever convicted of felonies, Trump has now made history again as the first convicted felon to win a presidential election. His victory means he is unlikely to face significant legal repercussions for the numerous alleged offenses he was previously charged with, Politico reports.
Trump’s return to the White House effectively nullifies years of efforts by special counsel Jack Smith to hold him accountable for attempting to overturn the 2020 election and for retaining classified documents at his Mar-a-Lago estate.
The outcome also halts his ongoing prosecution in Georgia related to his actions following the 2020 election. Additionally, it likely allows him to delay any sentencing in his New York conviction involving a hush-money payment scheme dating back to 2016.
In essence, Trump’s re-election has made him largely immune to criminal accountability, with the powers of the Oval Office acting as a shield.
Civil cases against Trump also face fresh hurdles. While presidents may still face civil penalties in certain circumstances, Trump will likely attempt to use his position to avoid paying the substantial sums awarded against him in judgments for sexual abuse, defamation, and corporate fraud.
Trump has vowed to remove Smith “within two seconds” if the special counsel hasn’t already resigned by Inauguration Day. Trump’s pick to head the Justice Department would have the authority to dismiss all federal charges against him.
For Smith, this means the clock is ticking, with only a two-and-a-half-month window left to pursue the cases he has been building since November 2022. His next moves are uncertain: he could reveal charges against Trump’s alleged co-conspirators, risking immediate pardons from Trump once in office, or he might publish a final report detailing previously undisclosed evidence that could have emerged in court. Alternatively, Smith might press on until Inauguration Day, forcing Trump’s new Justice Department leaders to remove him.
For now, Smith’s cases remain active. In Washington, where Trump faces four felony counts for allegedly conspiring to overturn his 2020 loss, U.S. District Judge Tanya Chutkan has set a series of filing deadlines through November and December. Trump’s legal team is expected to ask Chutkan to suspend these deadlines given his impending presidency.
Meanwhile, in Florida, Trump was charged with 40 felony counts for allegedly hoarding classified documents and obstructing attempts to retrieve them. That case is currently caught in a lengthy appeals process, with U.S. District Judge Aileen Cannon dismissing it on the basis that Attorney General Merrick Garland lacked the authority to appoint Smith. Although Smith has appealed to reinstate the case, it’s unlikely to progress before Trump assumes office once again.
