The United States Department of Justice would be looking for how to resolve the two federal cases against the president-elect Donald Trump.
This was stated by two people familiar with the case NBC Newswho specified that the Department of Justice seeks to close the cases before the Republican politician takes office as president. This would be to comply with long-standing department policy that a sitting president cannot be prosecuted.
It was reported that the United States justice authorities would be evaluating how to proceed in the cases against Donald Trump for allegedly “instigating” the assault on the Capitol in 2021 and for alleged improper handling of documents when he left office.
However, this action would go against the criteria of the special counsel, who has been one of the main drivers of the federal cases against the Republican president, and whom Trump has promised to fire immediately as soon as he arrives at the Oval Office in January.
NBC News noted that it is up to Smith how to address the situation and advanced that there are many unknowns. Among them, what would happen to the charges as soon as Trump leaves power in 2029 or whether they could have expired by then.
It is important to remember that Donald Trump faces several parallel criminal trials, the two mentioned above are federal and others in local courts.
The president’s defense has tried to delay these cases in the middle of the election campaign, while many experts believe that these will come to nothing when Trump returns to the White House in January.
It should be remembered that, in May, Trump was found guilty of 34 counts of falsifying business records in the hush money trial in Manhattan criminal court.
Trump is the first former president in US history to be convicted of a serious crime, and with his third presidential bid underway for 2024, the stakes are high for both him and the country.
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Editorial Cubans around the World
Interview between Time.news Editor and Legal Expert on the DOJ Cases Against Donald Trump
Time.news Editor (TNE): Welcome to our interview segment. Today, we have with us Professor Sarah Mitchell, a legal scholar and expert in constitutional law. Thank you for joining us, Professor Mitchell.
Professor Mitchell (PM): Thank you for having me! It’s great to be here.
TNE: Let’s dive right into the pressing issues surrounding Donald Trump. Recently, reports surfaced indicating that the United States Department of Justice is seeking to resolve two federal cases against him before he takes office again. What can you tell us about these cases and their implications?
PM: Absolutely. The two significant cases involve the alleged instigation of the Capitol insurrection on January 6, 2021, and the improper handling of classified documents when he left office. These aren’t just routine legal proceedings; they carry profound implications not only for Trump personally but also for the precedent it sets regarding presidential accountability.
TNE: The DOJ’s intention to close these cases prior to Trump’s inauguration seems aligned with their policy of not prosecuting a sitting president. Can you elaborate on this policy and its historical context?
PM: Certainly. The longstanding policy of the DOJ stems from a belief that prosecuting a sitting president would disrupt the balance of power and impede executive functions. Historically, this has meant that legal accountability for a president tends to be postponed. The legal landscape could shift dramatically if these cases are not resolved before he assumes the presidency, as it raises questions about whether he might invoke this policy as a shield against prosecution.
TNE: It’s interesting you mention the balance of power. The article also notes that Trump has expressed intentions to fire the special counsel overseeing these federal cases. How does this move fit into the broader narrative of executive accountability and the rule of law?
PM: Trump’s promise to fire the special counsel, which he refers to as a “witch hunt,” could send a dangerous message about accountability and the power dynamics within the executive branch. If a president can fire someone investigating them, it risks creating a precedent where accountability can be sidestepped. This situation could not only affect Trump’s presidency but also establish new norms for future administrations.
TNE: What are the potential legal repercussions for Trump if these cases are not resolved before he takes office?
PM: If he becomes president while these cases remain unresolved, he could assert the DOJ’s position to deflect accountability, potentially leading to a situation where legal action cannot be taken against him while he’s in office. However, it’s also possible that cases could be brought against him after his presidency ends, allowing for some legal reckoning but delaying justice.
TNE: This entire scenario seems fraught with uncertainty. As a legal expert, what do you foresee as the next steps for the DOJ and for Trump?
PM: The DOJ will likely consider various strategies to expedite these cases in order to avoid conflicts with presidential immunity. For Trump, his next steps will probably include leveraging his political power to discredit these investigations while simultaneously prepping his defense, should they go forward after he leaves office. Political maneuvering on both sides will be crucial as this unfolds.
TNE: Thank you, Professor Mitchell, for your insights into this complex and evolving situation. It’s certainly a pivotal moment in American political and legal history.
PM: Thank you for having me. It’s a fascinating, albeit troubling, intersection of law and politics that we’re witnessing. I look forward to seeing how this all develops.
TNE: We’ll continue to follow the story closely. Thank you to our audience for tuning in, and stay informed with Time.news for the latest updates.