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Syracuse Sun

Sunday, November 17, 2024

Trump's legal battles impact his campaign as elections approach

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Chancellor Kent Syverud | Syracuse University

Chancellor Kent Syverud | Syracuse University

Donald Trump’s legal challenges have been a focal point during the 2024 presidential election year. With less than two months until the election, here is an overview of the status of these cases.

The E. Jean Carroll Defamation Case: Trump's litigation began in January when author E. Jean Carroll secured an $83.3 million judgment for defamation against Trump for accusing her of lying about a sexual assault incident from 1995 or 1996. Trump posted a bond to stay enforcement while he appeals the judgment.

The NY Attorney General Financial Statement Fraud Case: In February, New York Attorney General Letitia James' civil fraud case against Trump went to trial without a jury before Judge Arthur Engeron. The Attorney General argued under New York Executive Law § 63(12) that she could recover benefits received by Trump without proving reliance or harm from false statements. Judge Engeron entered a $354 million disgorgement judgment against Trump, with interest, requiring him to post a reduced bond of $175 million pending appeal.

The Georgia Election Interference Case: On June 5, the Georgia Court of Appeals stayed District Attorney Fani Willis’s election interference case against Trump due to concerns over her relationship with special prosecutor Nathan Wade. The appellate court has put the case on hold since then.

The New York Falsified Business Records Case: In May, a jury found Trump guilty under NYPL § 175.10 for falsifying business records related to a hush money payment made to Stormy Daniels in 2016. Sentencing was postponed until after the election and is now scheduled for November 26.

Federal Cases: Two federal cases brought by Special Counsel Jack Smith have faced delays.

The Federal Election Interference Case: This case has been delayed by questions about presidential immunity and issues surrounding Jack Smith's appointment as special prosecutor. The Supreme Court ruled that former presidents have immunity for "core" presidential activities but left ambiguity regarding private actions versus official duties.

Judge Tanya Chutkan set a briefing schedule on the immunity question, with Trump's reply brief due on October 29. The case cannot proceed until this issue is resolved.

The Classified Documents Case: Judge Eileen Cannon dismissed this indictment based on claims that Jack Smith's appointment was unconstitutional under the appointments clause of the Constitution. This decision is currently on appeal.

What Happens Next? The presidential election will occur on November 5, 2024. If Trump wins, he may dismiss federal cases either through loyalist appointments or self-pardon—a move supported by recent Supreme Court signals regarding presidential authority. However, state prosecutions would continue unaffected by federal pardons and could lead to constitutional crises if they result in prison sentences for an elected president.

If Trump loses, he faces years of trials and appeals before these legal matters are resolved.

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