The elected U.S. President Donald Trump is known as one of a criminal record, being the first president in American history to be criminally convicted on 34 felony charges, including four state and federal cases. If ultimately sentenced to prison, he might govern the country from behind bars!
Despite this extensive record, alongside accusations of sexual assault from 26 women, Trump is set to be inaugurated on January 20, 2025, as the President of the United States. This turns him from a criminally convicted individual, legally pursued in various cases, and whose home was once raided by the FBI, into the leader of the world's most powerful country—chosen by votes that reflect Americans’ preference for a convicted criminal and religious far-right figure.
Trump has now become the first former American president to be criminally convicted, the first convicted president-elect, and the first to be re-elected after criminal convictions. According to American media reports, a major dilemma looms, and Trump could add another oddity to his unique record by becoming the first criminally convicted president while in office, with the power to pass any law he desires, including one that pardons himself.
Trump, aged 78, was initially scheduled for trial last March, but the case was frozen after his lawyers argued that the former president is immune from criminal prosecution.
The elected president is accused of conspiracy to defraud the state and obstructing an official procedure—namely, the congressional session violently disrupted by his supporters on January 6, 2021.
He is also accused of attempting to deprive American voters of their right to vote through false claims that he won the 2020 elections. Trump was already convicted in New York last May on 34 charges of falsifying business records to cover up hush money payments to an adult film actress. Additionally, he faces charges in Georgia related to attempting to overturn the results of the 2020 election, won by Democrat Joe Biden.
Postponed Cases Without Resolution
Trump has managed to postpone four lawsuits against him, including criminal charges such as inciting his supporters to storm the Capitol in 2020, some of whom are already imprisoned. He hopes to pardon himself once he becomes president following November elections. However, in May, he was convicted in the first case involving the adult film actress and falsification of business records—34 convictions. Though he faced potential sentencing on June 11, including possible imprisonment, house arrest, or fines, the ruling was delayed until after the elections.
Then, on November 10 (after his election victory), the judge in the trial concerning illegal attempts to overturn the 2020 presidential election results postponed all deadlines following a request from the special prosecutor, signaling the possibility of suspending the trial proceedings.
Special prosecutor Jack Smith justified his request to cancel the timeline deadlines by the need to allow the prosecution to study this unprecedented situation and determine the appropriate course of action based on the Justice Department's policies. He promised to submit his conclusions by December 2.
The special investigator and the Justice Department have begun discussions to halt federal prosecutions against Trump, as several American media outlets reported. Given that the Justice Department has maintained a 50-year policy of not prosecuting a sitting president, most American legal commentators expect this policy to extend to Trump, allowing him to escape federal prosecution until the end of his new term.
Upon returning to the White House, Trump could either appoint a new Attorney General to dismiss the special prosecutor investigating his cases (Smith) or simply instruct the Justice Department to drop the charges against him.
In October 2023, a federal case file against Trump revealed that Smith accused Trump of engaging in a "criminal scheme" to undermine the 2020 election and argued that presidential immunity should not shield him.
Would He Pardon Himself?
Trump hoped that the Supreme Court would exempt him from three new criminal trials. Concerns have been raised that he might manipulate the court's composition by appointing loyal judges, given his party’s control over the Senate, which grants the power to approve judicial appointments, thereby influencing the Supreme Court’s makeup.
According to the American website Intercept on May 30, Trump sought to delay his cases until he becomes president to issue a self-pardon. However, the 34 convictions in the first case ruled by the New York court, involving the adult film actress and falsified business records, disrupted Trump's self-pardon plan.
The site also mentioned challenges Trump faces in the four separate cases, which involve state-level charges. These include the most serious accusations of inciting insurrection and riot at the Capitol. The evidence in all cases is strong, as both Trump and his lawyers acknowledge.
His legal strategy has focused on delaying cases to win the presidential elections, then quickly exploiting his presidential powers to end the two federal cases against him. However, state-level cases pose a greater threat, as he lacks the power to pardon himself in these instances, according to Intercept.
Former Deputy Assistant U.S. Attorney General Bruce Fein told Alhurra channel that the Justice Department does not recognize that the U.S. president has immunity. He emphasized that even the president cannot pardon himself, as a fundamental legal principle dating back 500 years asserts that no one can be a judge in their own case. However, after Trump's inauguration, he might request the Justice Department to make certain accusations against him in Washington and Florida disappear.
Fein explained that the Justice Department can determine federal charges, but state-level cases in Georgia and New York remain active, with no presidential authority to issue pardons in such instances. He noted that states like Georgia, where Trump received support, might move to drop cases, as could happen in New York. In such scenarios, judges might find it difficult to imprison Trump and decide to dismiss the cases, making these issues "political" rather than "judicial."
Fein added that Trump could pardon others implicated in similar charges in Florida. This raises a critical question: how can a president, tasked with upholding the Constitution, pardon individuals who violated the law?
He concluded that if Democrats had controlled Congress instead of Republicans, Trump might have faced impeachment to prevent him from pardoning individuals and avoiding accountability.
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