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It’s an extraordinarily unique position for him to be in: Never before has a criminal defendant been elected to the nation’s highest office, just as an ex-president had never been criminally charged until last year.
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“It clearly paid off to aggressively push to delay these cases as long as possible,” said Jessica Levinson, a constitutional law professor at Loyola Law School.
In the meantime, a judge in New York seems has delayed deadlines to sentence the former president later this month after holding off on handing down the punishment ahead of Election Day to avoid any appearance of affecting the outcome of the presidential race.
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On November 12, Judge Juan Merchan said he was delaying deadlines for sentencing Trump now that he’s been reelected and asked both prosecutors and attorneys for Trump to file their views on the appropriate steps going forward by November 19.
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But if the judge decides to keep the conviction intact, the former president’s lawyers are expected to ask Merchan to delay Trump’s sentencing so they can appeal. And if that’s not granted, his attorneys are planning to appeal the immunity decision to state appellate courts and potentially all the way to the US Supreme Court to ask the courts to delay Trump’s sentencing until all appeals are exhausted, which could take months.
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“Oh, it’s so easy. It’s so easy,” Trump said when asked by conservative radio host Hugh Hewitt whether he would “pardon yourself” or “fire Jack Smith” if reelected.
Justice Department officials are looking at options for how to wind down the two criminal cases while also complying with a 2020 memo from the department’s Office of Legal Counsel about indictments or prosecutions of sitting presidents.
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Under federal law,Smith must provide a confidential report on his office’s work to the attorney general before he leaves the post.
In the DC case, Smith charged Trump over his efforts to overturn his election loss in 2020. The case was stalled for months as Trump pressed federal courts to grant him presidential immunity, and in July the Supreme Court issued a historic ruling that said he had some immunity from criminal prosecution.
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If Willis is removed, sources told 【 - Free Access to Community 】 they think it’s unlikely another prosecutor will want to take up the case and it will effectively go away.
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In September, state and federal appeals courts in New York heard arguments for two of Trump’s civil appeals.
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Later in the month, a state appeals court heard arguments in Trump’s efforts to dismiss the $454 million civil fraud judgment against him, in which a judge found he, his adult sons and his company fraudulently inflated the value of Trump’s assets to obtain better loan and insurance rates.
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It’s possible that all these cases continue to play out even as Trump serves his second term in the White House. In a 1997 Supreme Court ruling stemming from a civil lawsuit then-President Bill Clinton was involved in, the justices unanimously decided that sitting presidents could not invoke presidential immunity to avoid civil litigation while in office.
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