For the first time, an American president has been charged in a criminal case. Not just one, but four cases are scheduled to go to court. What happens now that Donald Trump is going to re-enter the White House? – Hardly more than a fine The four cases are in different places in the penal system. He is already known to be guilty of the bribery case, which is ongoing in New York. The sentencing here is expected on November 26, and Trump has announced that he will appeal. In any case, in three weeks he must appear as an ordinary citizen in New York and receive a sentence. Although unlikely, he could be sentenced to prison. – This is totally unknown territory. Can a state imprison the next US president? It’s a completely absurd question. It is unplowed legal ground, says Sofie Høgestøl, associate professor at the Department of Public Law (UiO). FOUR NEW YEARS: Donald Trump at a campaign event at the Van Andel Arena in Grand Rapids, Michigan on November 5. Photo: Brian Snyder / Reuters Other, and more likely, options are fines or house arrest with ankle chains. – He will hardly get more than a fine, says Hilmar Mjelde, professor of political science. The national cases Trump is charged in two federal (national) criminal cases. One case is the congress storming on January 6, 2021, which is considered the most serious. The storming of Congress on 6 January 2021 will probably have no consequences for Donald Trump. Photo: Reuters The other is the case of over 300 classified documents that were included in the moving load from the White House to Trump’s private residence in Florida. This is also a serious matter, because it falls under the Espionage Act. This is the case where Trump risks the longest time in prison, if he is convicted. However, as there are crimes at the national level, the president could potentially pardon himself. – I expect he will either try to pardon himself or at least that he will instruct his future Minister of Justice to drop the criminal cases, says Mjelde and continues: – In short, Trump will now go free. In any case, he will have legal immunity as a sitting president, because continued legal proceedings would be too intrusive in the performance of the presidential job. Sofie Høgestøl, associate professor at the Department of Public Law (UiO). Photo: Johanna Hauge Sofie Høgestøl agrees. – I would assume that the national criminal cases will somehow disappear a little. I don’t think his own Justice Department will pursue a criminal case against him while he is President of the United States. In theory, he can also pardon himself in the criminal cases, says Høgestøl. The election fraud case The case that has come up short in the criminal system is Trump’s possible involvement in election fraud in the state of Georgia. Donald Trump called the chief election officer in the state of Georgia and asked him to find more votes to tilt the result in Trump’s favor. This case has been put on hold, partly because of an affair between the state attorney and a lawyer she hired. Hilmar Mjelde, professor of political science at the Norwegian University of Applied Sciences. The matter may now come up while Trump is president, but Høgestøl believes it could be difficult. – It would be fresh for a federal prosecutor to bring a sitting president forward for a several-month-long criminal case in Georgia, she says. “Home free” Even though Trump does not have the same legal protection in the state, one can argue that legal processes at state level must give way to his work as national leader, Mjelde believes. – He is in practice “home free”, as it is called in the USA, he says. The Supreme Court of the United States has concluded that the president cannot be punished for “official” actions. What does that actually mean? – How do you see the penal system (which should be independent) being so linked to an election result? – After all, it only applies to the president, who is in a special legal position. It is the needs of the presidency that now take center stage and will be his salvation, not the election itself, Mjelde replies. Published 06.11.2024, at 13.45 Updated 06.11.2024, at 13.53
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This could happen with Trump’s criminal cases – news Urix – Foreign news and documentaries
