Trump first convicted felon to be US President. Can he pardon himself?

Donald Trump was reelected as US President despite being a convicted felon awaiting sentencing in a New York hush money case and as he fights against prosecution in other US state and federal cases

Donald Trump has been reelected as the President of the United States (US), but he is also a convicted felon awaiting sentencing in a hush money case in New York and still attempting to avoid prosecution in other state and federal cases.

 

Describing it as an "extraordinarily unique" position for Donald Trump, a CNN report explained that a criminal defendant has never before been elected as US President, just as no former US President had ever been criminally charged until last year.

 

For his part, Trump has repeatedly said that he plans to fire special counsel Jack Smith and quash the federal cases against him for trying to allegedly overturn the 2020 presidential election, which he lost to Joe Biden, and for allegedly mishandling classified documents.

 

 

According to the CNN report, Smith is already in discussions with the US Justice Department's (DOJ's) leadership about how to end the federal cases against Trump. 

 

Meanwhile, a New York judge is reportedly set to sentence the US President-elect later this month, after delaying the handing down of punishment ahead of election day so as to avoid any appearance of affecting the outcome of the presidential polls. According to CNN, however, Trump's lawyers are likely to ask the judge to postpone sentencing now that he's the President-elect.

 

Against this backdrop, now that Trump has been reelected, what happens to the criminal and civil cases he is facing?

 

New York sentencing

 

Trump was reportedly scheduled to appear at a New York court on November 26 to receive the sentence for his conviction on 34 counts of falsifying business records to cover up a hush money payment made during his 2016 US presidential campaign to adult-film star Stormy Daniels, who has alleged a prior affair with Trump. The US President-elect, however, denies the affair.

 

After his victory, CNN reported on Wednesday that now, whether the sentencing against Trump in this case happens at all or not remains an open question.

 

According to the report, Trump's legal team will try to ensure that the sentencing does not take place and that the case is canceled altogether. 

 

In the coming days, Trump's lawyers are reportedly expected to argue that a President-elect is entitled to the same constitutional protections as a sitting US President, meaning that Trump should be protected from any action by state prosecutors.

 

The judge in the case has imposed a deadline of November 12 to decide whether to do away with Trump's conviction because of the recent US Supreme Court decision granting a US President some presidential immunity. As explained by CNN, if the judge opts to wipe away Trump's conviction, the charges against him would be dismissed and he would not be sentenced. However, if the judge decides to keep the conviction in place, Trump's lawyers are reportedly expected to ask the judge to delay the President-elect's sentencing so that they can appeal it. Moreover, if the judge does not grant that either, Trump's legal team is then reportedly planning to appeal the immunity decision in front of state appellate courts and perhaps even all the way to the US Supreme Court in a bid to ask the courts to delay Trump's sentencing until all possible appeals are exhausted, which is a process that could take months.

 

If the judge does proceed with sentencing, Trump could be ordered to serve up to four years in prison. However, as the report explains, the judge is not required to sentence Trump to prison, and could instead impose a lesser sentence like probation, community service or a fine.

 

Any such sentence will reportedly be complicated because Trump is set to take office as the US President on January 20, 2025. As such, the President-elect's legal team is likely to raise constitutional issues, in effect challenging whether a state judge can even sentence a President-elect. Such appeals, according to the report, could tie up the concerned courts for years to come. 

 

Notably, the CNN report explains, since this is a state case, even after having won the US presidency, Trump does not have the authority to pardon himself after he is sworn into office.

 

Federal cases in Washington, DC, and Florida

 

Trump's reelection is likely to have the most significant impact on the two federal criminal cases filed against him by special counsel Jack Smith in Washington, DC, and Florida.

 

Since these cases were initiated in 2023, Trump's primary legal strategy has focused on postponing the trials until after the election, explains CNN. His aim has been to potentially fire Smith upon reelection, effectively terminating the cases. In late October, Trump openly stated he would take this action without hesitation.

 

Officials at the DOJ are reportedly exploring ways to bring the two criminal cases to a close while adhering to a 2020 memorandum from the department's Office of Legal Counsel, which addresses the indictment or prosecution of sitting Presidents. 

 

A number of individuals connected to either the special counsel's office or senior DOJ leadership have previously told CNN they believe Smith does not wish to conclude the cases prematurely unless directed to do so or removed from his role by Trump.

 

In the Washington, DC, case, Smith charged Trump with attempting to overturn the results of the 2020 presidential election. The case experienced delays for several months as Trump sought rulings from federal courts to grant him presidential immunity. In July, the Supreme Court issued a landmark decision affirming that Trump held some immunity from criminal prosecution.

 

The federal judge presiding over the trial is currently evaluating the extent to which Trump's actions, central to the case, are protected by immunity, said the CNN report. This follows prosecutors' arguments last month that the Supreme Court's ruling should not affect the case.

 

In Florida, Smith's charges against Trump allege that he illegally removed classified documents from the White House and resisted government efforts to recover the materials. This case was dismissed in July, with the judge reportedly ruling that Attorney General Merrick Garland's appointment of Smith violated the Constitution. However, prosecutors have since filed an appeal against this decision.

 

Georgia RICO Case

 

The immediate outcome of Trump's criminal case in Georgia largely depends on whether Fulton County District Attorney Fani Willis, a Democrat, is disqualified from prosecuting the case due to her prior romantic relationship with another prosecutor, explained the CNN report. However, even if Willis remains on the case, Trump's recent election victory significantly jeopardises its future.

 

The charges against Trump, which allege he attempted to overturn the results of the 2020 presidential election, are currently on hold as an appeals court reviews whether Willis should be disqualified. A ruling on this matter is not expected until 2025, according to the report.

 

If Willis is removed from the case, sources informed CNN that it is unlikely another prosecutor would choose to pursue it, effectively leading to its dismissal.

 

Individuals familiar with the case have reportedly stated that it is improbable for a state-level judge to allow the proceedings to move forward while Trump serves as President. In such a scenario, Trump's legal team would almost certainly file motions to have the case dismissed. 

 

There is no definitive legal precedent regarding whether a state-level prosecutor, such as Willis, has the authority to prosecute a sitting President. Trump's election win now requires Willis to address this constitutional question on top of the existing legal complexities, which have already cast significant doubt on the future of the Georgia case, reported CNN.

 

Civil Suits

 

Trump is currently defending himself in numerous civil lawsuits, including those tied to his involvement in the January 6, 2021, attack on the US Capitol, two defamation cases filed by E Jean Carroll, and a civil fraud case brought by the New York attorney general, where Trump was ordered to pay nearly $454 million in damages.

 

In September, arguments were heard by state and federal appeals courts in New York for two of Trump's civil appeals.

 

Trump lost two defamation cases to Carroll in 2023 and 2024 in federal court after juries found him liable for sexually abusing the former columnist and subsequently defaming her. Carroll was awarded $5 million in the first case and $83 million in the second.

 

A federal appeals court heard Trump's appeal to dismiss the initial Carroll verdict in September, but no decision has yet been issued.

 

Later in September, a state appeals court reviewed Trump's efforts to overturn the $454 million civil fraud judgement against him. The ruling had found Trump, his adult sons, and his company guilty of fraudulently inflating the value of his assets to secure better loan and insurance terms.

 

The five-judge appeals panel showed openness to potentially reducing the fine imposed on Trump, though it has not yet issued a ruling, reported CNN. This decision could be further appealed to New York's highest appellate court.

 

Trump also faces civil lawsuits brought by Democratic lawmakers and others over his role in the January 6 Capitol attack.

 

According to the CNN report, it is likely that these cases could continue while Trump serves his second term as President. In a 1997 Supreme Court ruling related to a civil lawsuit against then-President Bill Clinton, the justices unanimously held that sitting Presidents cannot claim presidential immunity to avoid civil litigation during their term in office.