President-elect Donald Trump’s big victory is not only a historic return to the White House, it likely spells the end of four long-running criminal prosecutions of him by the Biden Justice Department and Democratic state prosecutors.
In the most immediate case, Mr. Trump faces sentencing on Nov. 26 on his felony convictions in New York City for falsifying business records. But Supreme Court Judge Juan Merchan was unlikely to give Mr. Trump jail time, anyway, and now must decide whether to proceed at all during a presidential transition.
Mr. Trump might not need to do a thing.
Multiple outlets, including CNN and NBC, reported that special counsel Jack Smith has begun discussions with Justice officials about how to wind down the prosecutions in observance of a 2020 memo that said sitting presidents aren’t to be prosecuted.
Democrats had hoped that one or more of the prosecutions against Mr. Trump would derail his reelection bid. Now, his status as president-elect means he will soon be overseeing the Justice Department.
House Majority Leader Steve Scalise on Wednesday called for the termination of the criminal cases against Mr. Trump, just hours after he became president-elect.
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“The American people have spoken: the lawfare must end,” Mr. Scalise, Louisiana Republican, wrote on X. “I call on Attorney General Garland, [Manhattan District Attorney] Alvin Bragg, and [Fulton County District Attorney] Fani Willis to immediately terminate the politically-motivated prosecutions of President Donald Trump.”
Mr. Trump is expected to terminate the two federal cases against him through his Department of Justice after the inauguration, and a state-level case in Georgia over election interference in 2020 may remain stuck in limbo as Mr. Trump regains the presidency.
Mr. Trump’s win over Vice President Kamala Harris will bring the quick dissolution of cases brought by Mr. Smith, who was appointed by the Biden Department of Justice. Mr. Trump has vowed to fire Mr. Smith in “two seconds” of taking office.
“All the federal cases are gone, let’s say, one minute after noon on Jan. 20,” said David Schultz, a professor of politics and legal studies at Hamline University who is tracking Mr. Trump’s legal issues. “These remaining trials are never going to happen at this point.”
Democrats were hoping the cases would sink Mr. Trump, but instead, he used his status as a defendant to supercharge his position in the GOP primary. He also used the prosecutions as a powerful fundraising tool among his supporters, saying that he was a victim of political persecution.
In the Manhattan case against his business empire, Mr. Trump held frequent press conferences outside the courtroom, telling reporters that he was being treated unfairly due to his status as the GOP presidential front-runner. The judge imposed gag orders but Mr. Trump mostly got his message across to his supporters during the trial.
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Despite being a convicted felon by summer, he swept to victory in the general election by blunting Ms. Harris’ claim she would turn the page from the Biden administration.
For now, his criminal cases will chug along in the waning days of the Biden administration.
U.S. District Judge Tanya Chutkan scheduled filing deadlines for November and December in the case that alleges Mr. Trump conspired against the U.S. with his actions following the 2020 election.
Yet attorneys may be able to delay those filings. The case already was delayed by a Supreme Court fight over presidential immunity.
A federal judge in Florida dismissed a second indictment alleging Mr. Trump illegally stored classified documents at his Mar-a-Lago estate.
U.S. District Judge Aileen Cannon said Mr. Garland did not appoint Mr. Smith lawfully. Prosecutors are appealing, but the appeal is unlikely to get far before Mr. Trump becomes president.
“These cases are now legal versions of the Flying Dutchman — ships destined to sail endlessly but never make port,” Jonathan Turley, a professor at George Washington University Law School, wrote on X. “If there is a single captain on that hapless crew, it is Special Counsel Jack Smith who is now a lame-duck prosecutor.”
Mr. Trump also faces an election-related racketeering case in Georgia.
Ms. Willis, who won reelection on Tuesday, was allowed to stay on the case despite concerns about a prior relationship with an investigator. But the defense’s appeal of that decision delayed the trial. Even if the case remains viable, Mr. Trump will argue — probably successfully — that he cannot stand trial while he is president.
Mr. Trump faces sentencing for 34 felony convictions in Manhattan on Nov. 26. His lawyers have delayed sentencing multiple times and will likely try again.
Judge Merchan might want to move ahead, though he’s unlikely to throw the book at a person who just received more than 70 million votes.
“I never thought he was going to give him jail time, anyway,” Mr. Schultz said. “It’s going to be some kind of probation.”
• Mallory Wilson contributed to this story.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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