Editorial Note: The following news reports are summaries from original sources. They may also include corrections of Arabic names and political terminology. Comments are in parentheses.

 

After his Indictment, Could Donald Trump Go on Trial, then to Prison?

August 3, 2023

 

 

Should Trump go to jail? The 2024 election could become a referendum on that question

BY JILL COLVIN Updated 6:18 PM EDT, August 2, 2023

NEW YORK (AP) —

The 2024 election will determine whether Donald Trump returns to the White House. It could also decide if he’ll face time behind bars.

For Trump, who’s now facing his third criminal indictment — this time for his efforts to overturn the 2020 election and block the transfer of presidential power — winning is about more than ego, redemption, score-settling or the future of the country.

“This election may very well be about Donald Trump’s personal freedom,” said Ari Fleischer, a longtime Republican strategist. “It’s not an exaggeration to say, if convicted, he could be sentenced to prison unless he wins and he uses the levers of justice to reverse it or stop it or drop it.”

The deeply personal stakes for Trump add to what is already an election unlike any other in modern history. It’s now not only a debate over the country’s challenges, but a partisan fight over whether the 77-year-old former president and GOP frontrunner should spend time in prison. Putting that issue out front, Trump ally Rep. Marjorie Taylor Greene, R-Ga., tweeted that she “will still vote for Trump even if he’s in jail.”

Critics have long alleged that Trump’s fear of prosecution was a chief motivator for his decision to mount another campaign. While Trump denies that — insisting that charges never would have been brought had he decided against running — the new indictment ensures his campaign and legal issues are now intertwined.

“The legal messaging is the political messaging and the political messaging is the legal messaging,” Trump campaign spokesman Steven Cheung said of the new reality. “It’s part of what we’re running on. Trump has made the legal issues a big focus of his campaign and from our standpoint, it’s messaging that works.”

The combined 78 state and federal charges against Trump are already dominating his stump speeches as he seeks to portray himself as the victim of a politicized Justice Department bent on damaging the prospects of President Joe Biden’s chief political rival. At his rallies, he tries to frame the charges as not just an attack on him, but his supporters.

“They’re not indicting me, they’re indicting you,” he told the crowd at a weekend rally in Erie, Pennsylvania.

On a more practical level, Trump is confronting an unprecedented balancing act, campaigning while facing possible trials in at least three different jurisdictions.

He will appear in federal court in Washington Thursday to face the latest charges before headlining an Alabama Republican Party dinner on Friday. He faces another arraignment next week in Florida after special counsel Jack Smith filed additional criminal charges against him there in the case related to his handling of classified documents. That will come between a campaign stop in New Hampshire and a possible trip to the Iowa State Fair.

Trump also faces the potential of new charges in Atlanta related to efforts to overturn the 2020 election results in Georgia and must also decide whether to attend the first Republican presidential debate on Aug. 23.

Trump campaign officials said they weren’t worried about such logistical challenges.

“President Trump’s campaign will not be impacted by the deep state’s efforts at election interference no matter how hard they try,” said Trump senior campaign adviser Jason Miller, who, like others, argued Trump and his team are well-practiced at being on defense.

Cheung noted that, to date, no campaign events had been rescheduled or canceled because of legal proceedings and that, if anything, more stops have been added.

“It’s full speed ahead,” he said before the latest indictment.

But the challenge for Trump goes beyond politics. Each of the cases against him — ranging from the classified documents case in Florida to allegations in New York of making improper hush-money payments to women and the indictment released on Tuesday — will require intense preparation.

“Obviously, under normal circumstances, it’s impossible to prepare for more than one criminal trial at a time,” said Barry Boss, a leading white-collar criminal defense attorney. “Usually that’s overwhelming in and of itself. So the notion of having multiple indictments that you’re facing is just to me inconceivable.”

In general, rules require defendants in federal cases to be present for major events like their initial appearances and when a verdict is returned, but give them leeway to decide when else to appear.

“There are some people who are very engaged in their defense and want to talk to you every day, and there are others that leave it to you and will be available if you need them,” Boss said.

The investigations are also dominating Trump’s campaign spending. So far this year, the former president’s political operation has spent more on legal fees defending him, his staff and his allies than on travel, rallies and other campaign expenses combined, an AP analysis found.

Under Department of Justice guidelines, sitting presidents are generally shielded from indictment and criminal prosecution. But winning back the White House would not protect Trump indefinitely.

If he is elected anew, he could direct his attorney general to dismiss the federal cases, fire prosecutors or test the limits of presidential power by trying to pardon himself. But those efforts would only apply to the federal cases, not the state criminal charges he faces in New York or could face in Georgia.

Even if Trump does not end up the nominee, a different Republican president would likely face enormous pressure from Trump to drop the charges to placate his supporters -- a type of pressure no president has faced since Gerald Ford pardoned his predecessor, Richard Nixon, for his Watergate crimes.

In all, “It’s extraordinarily bad news and the impact internationally would be devastating. That’s why people need to come to their senses,” said John Bolton, Trump’s former national security adviser and now critic, who believes the reality heightens the pressure on Republicans to find an alternative candidate. “Somebody better take the initiative and say we are heading off the edge of a cliff here.”

But so far, Trump has faced little political fallout from his indictments, his big lead over Republican challengers even growing as they struggle to respond. At the same time, he has used the prospect of jail time to try to raise cash.

The “Department of ‘Justice’” he complained in a recent fundraising email, “is trying to put ME in JAIL for the rest of my life as an innocent man.” Other solicitations have arrived with subject lines like “re: 400 YEARS in prison.”

Fleischer said voters will begin to view Trump’s legal triumphs and losses through the lens of the campaign.

If charges in one case are dismissed, for instance, “it will be like he won this legal primary,” and if a judge rules against him, “people will feel like he lost the first day of the court primary.”

Fleischer said that, if Trump ends up having to spend significant time in court, he can imagine the former president holding forth on the courthouse steps, telling voters watching at home, “I’m not on trial, you’re on trial. And I’m in this courtroom fighting for you.”

“It can take him off the road, but he just has another platform on which to have his voice be heard. To him it’s all one campaign.”

Should Trump go to jail? The 2024 election could become a referendum on that question | AP News

***

***

Could Donald Trump serve as president if convicted?

By Zachary B. Wolf and Jack Forrest,

CNN, Wed August 2, 2023

Donald Trump has been indicted on federal charges related to 2020 election subversion, a stunning third time this year that the former president has faced criminal charges.

But could the former president, who remains the front-runner for the 2024 Republican presidential nomination, assume the Oval Office again if convicted of the alleged crimes? In short, yes.

University of California, Los Angeles law professor Richard L. Hasen – one of the country’s leading experts on election law – said Trump still has a path to serving as president should he win reelection in 2024.

“The Constitution has very few requirements to serve as President, such as being at least 35 years of age. It does not bar anyone indicted, or convicted, or even serving jail time, from running as president and winning the presidency,” he said in an email to CNN.

Could a president serve from prison? That’s less clear.

“How someone would serve as president from prison is a happily untested question,” Hasen said.

Could Trump pardon himself or dismiss the case if convicted?

The newest criminal counts against Trump include: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.

Those are in addition to a total of 40 counts in a separate federal indictment related to the special counsel’s investigation into the mishandling of classified documents, as well as 34 felony criminal charges of falsifying business records in Manhattan related to an alleged hush money payment scheme and cover-up involving an adult film star.

If Trump were to be convicted before the 2024 election and win the contest, he could try to grant himself a pardon, according to Hasen.

“Whether he can do so is untested. The Supreme Court may have to weigh in,” Hasen said, adding that Trump could potentially appeal a conviction to the conservative Supreme Court.

A Trump Justice Department could dismiss case

Special counsel Jack Smith told reporters that he will seek a “speedy trial,” but if Trump was to be elected before a trial concluded, he may be able to dismiss it entirely.

Robert Ray, an attorney who defended Trump in his first impeachment trial, said on CNN following Trump’s June indictment in the classified documents case that the former president “would control the Justice Department” if reelected, adding that if the documents case was pending at that time, “he just dismisses the case.”

Enter your email to sign up for CNN's "What Matters" Newsletter. close dialog Sign up for CNN's What Matters newsletter Every day we summarize What Matters and deliver it straight to your inbox. By subscribing you agree to our privacy policy.

Asked about the latest indictment, Trump defense attorney John Lauro told CNN’s Kaitlan Collins he thinks a potential trial could last “nine months or a year.”

Lauro said he will need to see the evidence but that his client deserves as much time as any other American. “Every single person in the United States is entitled to due process, including the former president,” he said.

Could Trump vote if convicted?

If Trump is convicted of a felony at the federal level or in New York, he would be barred from voting in his adoptive home state of Florida, at least until he had served out a potential sentence.

Could Donald Trump serve as president if convicted? | CNN Politics

***

***

Could Donald Trump go on trial and could he end up in jail after latest charges?

Donald Trump is facing four criminal charges relating to attempts to overturn the 2020 election result - with each indictment coming with a different penalty if he is found guilty.

By Tom Gillespie

Sky News, Wednesday 2 August 2023

Donald Trump has been criminally charged for the third time in four months as he seeks to regain the presidency in 2024 - with the latest indictments relating to his attempts to overturn the previous election.

The charges announced on Tuesday are widely considered to be the most serious - with special counsel Jack Smith saying Trump's lies "fuelled" the storming of the US Capitol building by his supporters in 2021.

Here we take a look at the possible penalties he might face, whether he will face trial, and the consequences for his presidential campaign.

The four charges against Trump have maximum sentences ranging from five to 20 years in prison.

The charges and possible penalties break down as follows...

Conspiracy to defraud the US

This charge is punishable by up to five years in prison.

It relates to the possible breaking of a law designed to prohibit efforts to obstruct or interfere with government functions by "deceit, craft or trickery, or at least by means that are dishonest".

The indictment alleges Trump used "dishonesty, fraud and deceit" to obstruct the counting and certifying of the 2020 election results.

Conspiracy against rights

This charge is punishable by up to 10 years in prison if Trump is convicted.

Conspiracy against rights essentially accuses Trump of trying to rig the outcome of the 2020 election.

This post-Civil War era civil rights statute makes it a crime to conspire to interfere with rights that are guaranteed by the constitution.

In this case, it refers to the right to vote and have one's vote counted.

1:39 'Trump's lies fuelled Capitol riot'

Corrupt obstruction of an official proceeding

A conviction under this charge is punishable by up to 20 years in prison.

The official proceeding in relation to this charge refers to the joint session of Congress at which electoral votes were counted in order to certify Joe Biden as the official winner of the US election on 6 January 2021.

This was the same day Trump supporters stormed the Capitol building, with the former president accused of inciting rioters in a speech before the disorder.

Prosecutors have used this law to charge more than 1,000 people involved in the riot - accusing them of obstructing the joint session of Congress to certify Mr Biden's victory.

Conspiracy to obstruct an official proceeding

This is closely related to the previous charge and also carries a maximum sentence of 20 years in prison.

Read more: What are the investigations Trump is facing? These are the most serious charges Trump is facing 'New charges cannot shake Trump supporters' loyalty When will Trump face trial?

Trump was ordered to make an initial appearance in a federal court in Washington on Thursday after the latest charges were announced.

Prosecutors will outline the charges against him and a judge will set his bail conditions.

He might enter a plea at that time, but much like his arraignment - a formal reading of his criminal charges - this could happen at a later date.

A judge will then set a schedule for pretrial motions and discovery, the months-long process when prosecutors hand over documents and other evidence to defence lawyers.

Trump's attorneys will likely file a motion to dismiss in the coming months, but those are rarely granted in criminal cases.

Both sides are also likely to file motions seeking to shape what evidence and legal arguments will be permitted at trial.

It is unclear when his trial will take place, but it will likely be many months away.

0:15 From July: Trump jokes about his legal challenges

A judge will set an initial trial date, but those are typically pushed back as both sides wrangle over legal issues and review evidence.

Trump could also appeal pretrial rulings by a judge, which would further slow down the case.

The former president is already scheduled to stand trial in March in the New York case stemming from hush-money payments made during the 2016 campaign.

He is also due to stand trial in May in the federal case in Florida stemming from classified documents found at his Mar-a-Lago estate.

Mr Smith said prosecutors will seek "a speedy trial" in the latest case

Trump has signalled that his defence may rest, at least in part, on the idea that he truly believed the election was won illegally by Mr Biden.

However, prosecutors have amassed a significant amount of evidence showing that Trump was repeatedly told he had lost.

2:00 How chaos unfolded at the US Capitol

How will the latest charges affect Trump's 2024 campaign?

Despite a dizzying and growing array of legal troubles, Trump has solidified his status as the frontrunner for the Republican presidential nomination, according to public opinion polls.

Trump has portrayed all of the prosecutions he is facing as being part of a politically-motivated witch hunt aimed at stopping him from returning to power.

The 77-year-old has shown an ability to survive legal troubles, political controversies and personal behaviour that might sink other politicians.

5:24 How will charges impact Trump's bid?

Despite the charges announced on Tuesday, most Republicans pivoted to attacks on the current president Mr Biden.

House Speaker Kevin McCarthy, the top Republican in Congress, said on X, the site formerly known as Twitter, that the indictment was an attempt to "attack the frontrunner for the Republican nomination".

Strategists said that while the indictments could help Trump solidify support within his base and win the Republican nomination, his ability to capitalise on them may be more limited in next year's general election when he will have to win over more sceptical moderate Republicans and independents.

Could Trump face further charges?

Trump's legal woes are continuing to grow.

In addition to the three indictments, Trump faces a fourth criminal investigation by a county prosecutor in Georgia into accusations he sought to undo his 2020 election loss in that state.

Fulton County District Attorney Fani Willis has indicated she plans to bring charges in that case within the next three weeks.

Will Trump's court appearances coincide with his 2024 campaign dates?

Trump is currently facing three trials for the criminal charges he is facing - meaning judges overseeing the trials will have to jostle for position in sequencing dates.

Bruce Green, a Fordham University professor and former prosecutor, told The New York Times: "The courts will have to decide how to balance the public interest in having expeditious trials against Trump's interest and the public interest in his being able to campaign so that the democratic process works.

"That's a type of complexity that courts have never had to deal with before."

Trump will have to appear in court for his criminal trials. There is no date set for his trial on the latest charges so it is unclear how it might coincide with campaign events.

The opening date for his trial in relation to claims he paid "hush money" to a porn actress is in late March 2024 - around three weeks after Super Tuesday, when over a dozen states vote on 5 March.

Could Donald Trump go on trial and could he end up in jail after latest charges? | US News | Sky News

***